Forrester v Bataille [2003] NFSC 2

SUPREME COURT OF NORFOLK ISLAND

Forrester v Bataille [2003] NFSC 2 REAL PROPERTY – Land title – Claim of adverse possession of strip of land marked in a deed of partition as "Reserved Road" – Whether land is a public road – Whether there was an acceptance by members of the public of the invitation contained in the deed – Finding of no acceptance – Finding that each plaintiff has been in adverse possession of relevant part of the strip for a period exceeding 12 years – Previous title extinguished – Whether plaintiff thereby obtained title. Limitation of Actions (Real Property) Act 1988 (NI) ss 9, 31 Permanent Trustee Company of New South Wales v Council of the City of Campbelltown (1960) 105 CLR 401 followed J A Pye (Oxford) Ltd v Graham [2002] UK HL 30; [2002] 3 All ER 865 applied JOHN KENNETH FORRESTER v ALLEN VINCENT ALBERT BATAILLE as REGISTRAR OF LANDS and CURATOR OF ESTATES OF DECEASED PERSONS SC 6 of 2002 MARK KNIGHT CAREY v ALLEN VINCENT ALBERT BATAILLE as REGISTRAR OF LANDS and CURATOR OF ESTATES OF DECEASED PERSONS SC 7 of 2002 WILCOX J 20 JUNE 2003 SYDNEY (Heard at Norfolk Island)

IN THE SUPREME COURT SC 6 of 2002 OF NORFOLK ISLAND No 6 of 2002

OF NORFOLK ISLAND

BETWEEN: JOHN KENNETH FORRESTER

PLAINTIFF

AND: ALLEN VINCENT ALBERT BATAILLE as REGISTRAR OF LANDS

FIRST DEFENDANT

LYNETTE SALLY BEBAN as

CURATOR OF ESTATES OF DECEASED PERSONS

SECOND DEFENDANT

JUDGE: WILCOX J

DATE OF ORDER: 20 JUNE 2003

WHERE MADE: SYDNEY (HEARD AT NORFOLK ISLAND)

THE COURT ORDERS THAT: 1. It be declared that the plaintiff, John Kenneth Forrester, holds title to so much of the land designated, in the Deed of Partition registered as dealing 1290, as "Reserved Road Parallel to Cliffs – one chain wide" as abuts Portion 1d, Norfolk Island. 2. The matter of costs be reserved.