Melbourne Harbour Trust Commissioners v Colonial Sugar Refining Company Limited [1925] HCA 15

230 wea? HIGH COURT

(HIGH COURT OF AUSTRALIA.]

THE MELBOURNE HARBOUR TRUST COMMISSIONERS) 4952) ce 2: ene DEFENDANTS,

: APPELLANTS

AND

THE COLONIAL SUGAR REFINING ) COMPANY LIMITED . . A ior) PLAINTIFF,

RESPONDENT.

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

H.C. or A. Melbourne Harbour Prust—Land vested in Commissioners—Bed, soil and shores of 1925. River Yarra—Wharf and embankments built in bed of river by riparian owne —_~ by permission granted for temporary purposes—Interest of riparian owner in

MELBOURNE, wharf and embankment—Limitation of action—Adverse possession—Termination

ane ne of permission—Right of riparian owner to exercise riparian rights over wharf

"30, 31; ° embankment—Melbourne Harbour Trust Act 1915 (Vict.) (No. 2697), secs. 2, 3, June 9. 9, 11, 12, 46, 52, 54, 81-85, 87—Real Property Act 1915 (Vict.) (No. 2719)

secs. 16-19, 43—Land Act 1869 (Vict.) (No. 360), secs. 3, 4,6, 12, 45, 50,

Higgins ad : Rich JJ. Held, by Isaacs, Higgins and Rich J¥J., (1) that the word * lands " in see. 4 of the Land Act 1869 (Vict.) included land comprising the bed and shore of @ navigable river, and therefore that a permission or licence to build a pier or wharf or embankment in the bed of a navigable river, such permission or licenet not complying with the provisions of Part ITI. of that Act, gave no estate 01 interest in the land upon which a pier or wharf or embankment was built pursuant tosuch permission orlicence ; (2)that sec. 46 of the Melbourne Harbo u Trust Act 1915 (Viet.) has the effect of vesting in the Melbourne Harbour' Commissioners the bed and soil and shores of the River Yarra within the met and bounds specified free from any estate or interest which any person mig sincethe passing of the Melbourne Harbour Trust Act 1876 (Vict.), have acqu ire by reason of the operation of secs. 18 and 43 of the Real Property Act o15 (Viet.).