Bull v Attorney-General (NSW) [1913] HCA 60

17 C.L.R.} OF AUSTRALIA,

Will. IV. c. 27, which enacts that the right to bring an action H.C. or A.

shall be deemed to have first accrued when the owner of the paper title shall have been dispossessed or have discontinued his possession. Now, the dispossession and discontinuance contem- plated by this section have been held to connote the existence of a person to be protected by the Statute who has dispossessed such owner and kept him dispossessed for a period of twelve years, or the abandonment of possession for such a period by the owner and the possession by some other person during the same period: MDonnell v. MKinty (1); Trustees Executors and Ageney Co. v. Short (2). We think on the evidence that the defendant has not established this possession by himself as apart from the alleged want of possession by the plaintiffs and their predecessors in title, and on this ground also we think he has

failed to establish his right to protection under the Statutes of Limitation.

The appeal, in our opinion, should be dismissed with costs.

Appeal dismissed with costs. Solicitors, for appellant, R. S. Haynes & Co. Solicitor, for respondents, A. S. Canning.

N. MoG. (1) 10 Ir. L.R., 514. (2) 13 App. Cas., 793.

1913.

Macuire °. Browne.

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