A dispute concerning whether an L-shaped area of land in Brisbane’s CBD had been effectively dedicated as a public highway at common law. The land had been created by the registration of a plan of subdivision by the Trustees of the Brisbane Grammar School in 1876. By 1989, the laneway was an unremarkable lane in Brisbane city. The plaintiffs argued that the laneway was a public highway which had vested in the State of Queensland (for which Mr Russell appeared, led by Mr Keane). The defendant contended that the laneway was a private right of way which had not vested in the Crown part of the ordinary road network.
Three issues for determination in these proceedings were, firstly, whether the Trustees manifested an intention to dedicate the land as a public road. If so, the second issue was whether there was an acceptance by the public of the proffered dedication. The third issues was whether the dedication was lawful.
Sean Russell (with D Keane) appeared for the second and third respondents, instructed by Crown Solicitor.
The judgment is published here.
