Amatek Ltd v Googoorewon Pty Ltd [1993] HCA 16

High Court of Australia Mason C.J. Brennan, Dawson, Gaudron and McHugh JJ. Amatek Ltd v Googoorewon Pty Ltd [1993] HCA 16

ORDER Appeal allowed with costs. Set aside the order of the Court of Appeal of New South Wales and in lieu thereof:

(i) dismiss the appeal of Googoorewon Pty Ltd, the respondent in this Court, to that Court with costs;

(ii) allow the cross-appeal of Amatek Ltd., the appellant in this Court, with costs; and

(iii) remit the matter of the cross-claim by Amatek Ltd. to the Equity Division of the Supreme Court of New South Wales for adjudication.

Cur. adv. vult.

The Court delivered the following written judgment:—

1993, March 18 Mason C.J., Brennan, Dawson, Gaudron and McHugh JJ.

In 1985 the respondent plaintiff, Googoorewon Pty Ltd, purchased lot 18 of a subdivision then owned by Compton Park Pty Ltd To the west of lot 18 lies the contiguous lot 17. The southern boundary of both lots abuts onto Compton Park Road. Googoorewon bought lot 18 with the intention of establishing a nursery for the commercial raising of trees. No survey was taken of the boundary between lot 18 and lot 17. Finding an area of land which was suitable for the growing of young trees, Googoorewon erected a timber building comprising an office, shed and amenities. The building covers an area of 160 m2. This building was connected to the electricity supply and a track was constructed linking the building with Compton Park Road. A concrete water tank was constructed and connected by a 50 mm polythene underground pipe to a dam which was some distance away on Googoorewon's property. A second pipe from the dam carried water to an area nearby where sprays were installed. In addition to the building already mentioned, Googoorewon erected a timber shed enclosing a water pump, a power pole, a potting bin mounted on a large concrete base and a fuel tank supported by posts set in concrete foundations. The cost of these structures was $55,000.