Howlin v Clarence City Council [2013] TASFC 7 (26 July 2013)

http://www.austlii.edu.au/au/cases/tas/TASFC/2013/7.html

Appeal and New Trial – Appeal – Practice and procedure – Tasmania – Powers of Court – Further evidence – Power of Court to permit on hearing.

Supreme Court Civil Procedure Act 1932 (Tas), s48.

Aust Dig Appeal and New Trial [389]

Appeal and New Trial – Appeal – Practice and procedure – Tasmania – Powers of Court – When appeal lies – By leave of Court – Appeal against order for costs.

Supreme Court Civil Procedure Act 1932 (Tas), s44.

Aust Dig Appeal and New Trial [383]

Highways – Creation and extinction of highways – Dedication – What constitutes dedication – In general – Common law principles – Intention to dedicate – Rebuttal of the presumption of dedication that arises from user.

President of the Shire of Narracan v Leviston [1906] HCA 34; (1906) 3 CLR 846, followed.

Aust Dig Highways [13]

Highways – Construction, maintenance and repair – Roads – Whether road maintained as shown on municipal map.

Local Government Act 1962 (Tas), s694.

Aust Dig Highways [27]