NSW Caselaw
New South Wales Supreme Court
CITATION : South Maitland Railways Pty Ltd v Satellite Centres Australia Pty Ltd [2009] NSWSC 716
HEARING DATE(S) : 16 July 2009
JUDGMENT DATE : 28 July 2009
JURISDICTION : Equity
JUDGMENT OF : Tamberlin AJ
(1) A declaration that the plaintiff is the owner of an estate in fee simple of all that piece of land being Lots 2 and 3 in Deposited Plan 998274. DECISION : (2) Order that the Registrar-General be restrained from bringing the land, being the subject of Primary Application number PA82499U under the provisions of the Real Property Act 1900 (NSW). (3) The first defendant is to pay the plaintiff's costs.
CATCHWORDS : REAL PROPERTY – Torrens Title – what is meant by adverse possession – whether use of land by person making primary application for adverse possession was incompatible with the rights of use of documentary owner – what was the use of the land in question - what is the effect of fencing off - REAL PROPERTY – Torrens Title - adverse possession and possessory title – primary application for possessory title for land in a qualified portfolio - whether Part 6A of the Real Property Act 1900 (NSW) applies exclusively - REAL PROPERTY – Torrens Title - caution affecting a qualified portfolio – whether caution had lapsed upon expiration of 12 years freeing the land from any interests affecting the land on the date of creation of the qualified portfolio – meaning of estate and interest – whether these expressions include an action or a claim for an estate or interest
LEGISLATION CITED : Limitation Act 1969 (NSW) Real Property Act 1900 (NSW)
CATEGORY : Principal judgment
Bank of Victoria v Forbes (1887) XIII VLR 760 Clement v Jones [1909] HCA 11; (1909) 8 CLR 133 Higgs v Nassauvian Ltd [1975] AC 464 CASES CITED : Murnane v Findlay [1926] VLR 80 Shaw v Garbutt (1995) BC 9303589, 2 August 1996 Van Den Bosch v Australian Provincial Assurance Association Ltd [1968] 2 NSWR 550 Weber v Ankin [2008] NSWSC 106
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