Phillips v Marrickville Municipal Council [2002] NSWSC 396

New South Wales Supreme Court

CITATION : Phillips v Marrickville Municipal Council [2002] NSWSC 396 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 1916/01 HEARING DATE(S) : 11, 12 February 2002 and 3 May 2002 JUDGMENT DATE : 8 May 2002

Norma Gloria Phillips (Plaintiff) PARTIES : Marrickville Municipal Council (First Defendant) The Registrar General of New South Wales (Second Defendant) JUDGMENT OF : Windeyer J at 1

Mr J B Maston with him Mr C Dimitriadis (Plaintiff) COUNSEL : Ms E A Collins (First Defendant) G Channell - (Second Defendant) Gathercole & Associates (Plaintiff) SOLICITORS : Phillips Fox (First Defendant) K C Hall (Second Defendant) CATCHWORDS : REAL PROPERTY - conveyancing - Old System Title - adverse possession - whether possession by the plaintiff was adverse to the Municipal Council documentary title owner - land in possession of plaintiff's father with consent of previous owner - on sale to Council father's occupation recognized and Council resolved to treat him as tenant on nominal rent - no evidence father told or any lease granted - on death of her father plaintiff remained in possession - various entries of Council's agents for survey and perhaps inspection - whether amounted to resumption of possession - correspondence between possessor's solicitor and Council including offer to purchase and proposals for joint sale - whether acknowledgement of title of Council or proposals made to compromise dispute - LIMITATION ACT 1969 s54 - whether statements in correspondence acknowledgement of title or in negotiations for compromise of disputed claim - whether acknowledgement could be signed by agent LEGISLATION CITED : Limitation Act 1969, 11(2)(c), s27(2), s54, s65(11), s66(1), Schedule 4 Real Property Act 1900 s74F, s122 Cawthorne v Thomas (1993) 6 BPR 13840 Edginton v Clark [1964] 1 QB 367 Hodgson v Thompson (1906) 6 SR(NSW) 436 CASES CITED : Mulcahy v Curramore Pty Ltd [1974] 2 NSWLR 464 Re Alison (1879) 11ChD 284 Scanlon v Campbell (1911) 11 SR(NSW) 239 Simpson v Council of the North Wester Country District (unreported Waddell J 15.9.1978 at 29) DECISION : See paragraphs 23 to 28