Updated April 22, It started with an application to build a bike shed in front of a shop. Now, after a legal fight that originated back inan year-old shop owner has triumphed over the City of Fremantle in Fremantlw battle that is set to land the council with a legal bill of hundreds of thousands of dollars.
Immigrant businessman Antonio Iraci bought the set of shops on High Street inand soon after began a series of clashes with the council.
In the opening to a ruling last Thursday that brought the process to a close, Supreme Court Justice Kenneth Martin referred to the raft of legal complexities dating back to that affected the strip of land in front of Mr Iraci's shops. Mr Iraci always maintained that when he purchased the land inunder his company Imago Holdings, the documentation clearly detailed that the disputed area fell within his title. The shop owner applied to the City of Fremantle to use some of that space to build an undercover Ben Bendigo sex position shelter capable of housing 30 to 40 bicycles.
The application was knocked back by the city, which argued the space had become public land in after a by-law issued by the city pushed the "building lines" back from the road. At the time, the buildings at High Street contravened the new borders, but it was accepted that the rule would be applied only once the space was freed up. The buildings on High Street were demolished in and the current buildings were erected later that year. It was New mom groups Granville The land man of Fremantle point in that the City of Fremantle argued the square metres of contested space was no longer part of the title for High Street.
But in his ruling, Justice Martin found the Local Government Act, which came into effect before the demolition and rebuild, meant ownership of Frremantle freed-up strip kand land did not transfer to the City of Fremantle, but rather to the Crown.
Justice Martin ruled that the City lanc Fremantle had not had the power to act as a de lqnd agent for the Crown in its subsequent attempts to exercise rights over the land. Sunbury dating sites for professionals Crown in right of the State of Western Australia is not a party to the present litigation.
The Crown never formally acknowledged lan ownership Fremmantle the square-metre stretch of public space and the property title was never amended to reflect Gujarati dating site Rockingham ownership had transferred to the Crown.
Justice Martin ruled the Crown forfeited its ownership of the square-metre strip by failing to alter the title before Fremantel Iraci took ownership. Cornerstone Legal, which represented Mr Iraci, said the ruling that ultimately found its client owned the strip of land had "upheld the sanctity of a The land man of Fremantle home as his castle". I appreciated he took the time at the beginning of the process to explain his selling philosophy and he communicated well throughout the period of sale.
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