Hope v. The Council of the City of Bathurst.

Judges: Gibbs J
Stephen J
Mason J

Murphy J
Aickin J

Court:
High Court

Judgment date: Judgment handed down 20 June 1980.

Murphy J.

Most of the difficulties in this case arise from the stated case procedure. These have resulted in much time being wasted by judges, counsel and other legal representatives at the various stages of this case and they are typical of the procedure.

I agree with Mr. Justice Mason that, on the facts stated, the appellant's land was used for business. Whether it was ``wholly or mainly used'' for the business of grazing is not open to us for decision on the case stated, although that is the important question for the resolution of the real issue.

The questions should be answered as proposed by Mr. Justice Mason.

 

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