How have the courts interpreted the definition of a common law definition for the purpose of determining the extent of the colonies in New South Wales?
British Columbia, Canada
The following excerpt is from Ownership of the Bed of the Strait of Georgia (Re), 1976 CanLII 246 (BC CA):
The presumption must be that the colonies did not extend beyond low water. Then it is a matter of examining the wording to see whether that presumption is displaced. I have already expressed the view that the terms used are not helpful to the province’s argument and that view is supported by the recent decision in New South Wales v. Australia.
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