NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Wonson v State of New South Wales [2018] NSWSC 1144 Hearing dates: 27 June 2018 Date of orders: 25 July 2018 Decision date: 25 July 2018 Jurisdiction: Equity Before: Darke J Decision: Proceedings dismissed pursuant to UCPR r 13.4. Catchwords: PRACTICE AND PROCEDURE – summary dismissal – no reasonable causes of action disclosed – adverse possession claim against the Crown precluded by s 45D(3) of the Real Property Act 1900 (NSW) and s 170 of the Crown Lands Act 1989 (NSW) – claim for compensation for care and management of land untenable – appropriate to exercise power to dismiss proceedings under UCPR r 13.4 Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 91 Conveyancing Act 1919 (NSW), s 37A Crown Land Management Act 2016 (NSW), s 13.1 Crown Lands Act 1989 (NSW), s 170 Crown Suits Act 1769 (Imp) Limitation Act 1969 (NSW), ss 6, 27 Real Property Limitation Act 1833 (Imp) Real Property Act 1900 (NSW), s 45D Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28 Category: Principal judgment Parties: David Charles Wonson (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr D Wonson (Plaintiff – in person) Ms M Carpenter (Defendant)
Solicitors: Lea Armstrong, Crown Solicitor (Defendant) File Number(s): 2017/30725 Publication restriction: None
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