Donnelly v Kempsey Local Aboriginal Land Council

[2021] NSWSC 1699

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Estoppel
2. › Proprietary estoppel
3. › where plaintiff undertook works on land on expectation that 99-year lease had been granted
4. › where defendant took back possession of land
5. › where statute prevents enforcement of plaintiff’s expectation of leasehold interest in land
6. › where plaintiff seeks value of improvements made to land which have increased over period of plaintiff’s continuing trespass on subject land
7. › whether equitable compensation available
8. › quantification of relief
1. Estoppel
2. › Anshun estoppel
3. › where consent orders in earlier proceeding dismissed plaintiff claims for declarations and specific performance regarding agreement for lease
4. › where further orders in earlier proceeding dismissed plaintiff’s cross-claim for monetary relief on terms that did not prevent plaintiff claiming same relief in fresh proceedings
5. › whether unreasonable for plaintiff not to bring present claims in earlier proceeding
1. Land Law
2. › Indigenous land rights
3. › Aboriginal Land Rights Act 1983 (NSW)
4. › Dealings by Aboriginal Land Councils
5. › where agreement for lease entered into in 1992 between plaintiff and Local Aboriginal Land Council void as not approved by New South Wales Aboriginal Land Council
6. › whether void agreement for lease is subject to new land dealing provisions introduced in 2010
7. › whether plaintiff denied relief for equitable compensation or restitution by operation of s 42E(5)