Batt v Burnie City Council

[2018] TASSC 65

Supreme Court of Tasmania

Built by Barristers,
For Australian Law.

1. Highways
2. › Creation and extinction of highways
3. › Dedication
4. › What constitutes dedication
5. › Generally
6. › Common law doctrines of dedication and acceptance
7. › Whether land is a "public right of way"
8. › Onus lies on the party making the claim of a highway
9. › Whether intention to dedicate is to be inferred from historical plans and evidence of public user
10. › Dedication not established.
1. Land Titles Act 1980 (Tas) ss 40(1) and 40(3)(c).
1. Local Government Act 1962 (Tas), s 363.
1. Permanent Trustee Company of New South Wales Ltd v Campbelltown Municipal Council [1960] HCA 62; (1960) 105 CLR 401; Headlam v Casimaty [1952] TASStRp 9; [1952] Tas SR 47; Clarence City Council v Howlin [2012] TASSC 26; Everingham v Council of the Municipality of Penrith [1916] NSWStRp 19; (1916) 16 SR (NSW) 238; Newington v Windeyer [1985] 3 NSWLR 555, referred to.

Citation[2018] TASSC 65

CourtTASSC

JurisdictionTasmania

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