[85] The Court reasoned that the lease in perpetuity as developed within
NSW land law was similar in most instances to freehold, «with all the advantages and essence of freehold» [86]-- except for the performance of tenurial requirements imposed by the grant.
Not exact matches
76 CJ King, An Outline of Closer Settlement in New South Wales: Part 1, The Sequence of the
Land Laws 1788 - 1956, Division of Marketing and Agricultural Economics, Department of Agriculture,
NSW, 1957, pp 39 - 40.
In Walker v
NSW (19), the High Court had to consider whether customary Aboriginal criminal
law is something which has been recognized by the common
law and which continues to this day, in the same way that Mabo decided that customary
law relating to
land tenure continues to exist.
As a result, the
NSW Government supports the recognition by Australian
law of native title rights held in relation to
land by Aboriginal or Torres Strait Islander people as established in the landmark 1992 Mabo (No. 2) decision of the High Court of Australia.