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Decisions of the Superior Courts of New South Wales, 1788-1899

Busby v Taylor [1833] NSWSupC 9

injunction, interlocutory - water supply

Supreme Court of New South Wales

Dowling and Burton JJ, 1 March 1833

Dowling, Proceedings of the Supreme Court, Vol. 81, State Records of New South Wales, 2/3264

[p. 44]

The Sol General moved for an injunction to restrain the [p. 45] Deft from injuring a certain public tunnell for the conveyance of water for the use of the inhabitants of the Town of Sydney erected at public expense.  There were two grounds made.  First, that the locus in quo was crown land; & 2d. If there was any doubt of that, then that there was either a license given by the Deft, to have the tunnel cut through the locus in quo - or a dedication by him of it to the public for 6 yrs.

Per curiam.  It being sworn that this is a public tunnel made for public purposes, we must prima facie presume until the contrary is shewn, that it is public property, & therefore on that ground you may take the writ.

Granted.

Published by the Division of Law, Macquarie University