Amatek Ltd v Googoorewon Pty Ltd [1993] HCA 16

Amatek Ltd v Googoorewon Pty Ltd [1993] HCA 16

The jurisdiction under s. 3 of the Encroachment of Buildings Act 1922 NSW is enlivened only where a building traverses the boundary between contiguous parcels of land, extending from the encroaching owner's land onto the adjacent owner's land. Because Googoorewon's buildings stood wholly on Amatek's lot 17 and did not encroach across the boundary from lot 18, the Act gave Googoorewon no right to seek transfer or other relief in respect of lot 17.

Jurisdiction
Australia
Procedural Posture
Appeal Concerning Jurisdiction and Relief Under the Encroachment of Buildings Act 1922 NSW / High Court Appeal From the Court of Appeal of New South Wales
Outcome
Appeal allowed with costs; order of the Court of Appeal of New South Wales set aside.
Legal Topics
['encroachment of Buildings' 'adjustment of Boundaries' 'contiguous Parcels of Land' 'transfer of Subject Land' 'cross Claim for Possession']
['property Law' 'statutory Interpretation' 'civil Procedure'] ['encroachment of Buildings' 'adjustment of Boundaries' 'contiguous Parcels of Land' 'transfer of Subject Land' 'cross Claim for Possession']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Concerning Jurisdiction and Relief Under the Encroachment of Buildings Act 1922 NSW / High Court Appeal From the Court of Appeal of New South Wales

Legal Issues

  1. 1 ['Whether the Encroachment of Buildings Act 1922 NSW applied where buildings erected by the owner of one lot stood wholly on a neighbouring lot rather than traversing the boundary between contiguous parcels of land.' 'Whether the Supreme Court had jurisdiction under s. 3 of the Encroachment of Buildings Act 1922 NSW to order transfer or other relief in respect of the land occupied by the buildings.' "What order should be made concerning Amatek Ltd's cross-claim for possession of the land occupied by Googoorewon Pty Ltd."]

Ratio Decidendi

The jurisdiction under s. 3 of the Encroachment of Buildings Act 1922 NSW is enlivened only where a building traverses the boundary between contiguous parcels of land, extending from the encroaching owner's land onto the adjacent owner's land. Because Googoorewon's buildings stood wholly on Amatek's lot 17 and did not encroach across the boundary from lot 18, the Act gave Googoorewon no right to seek transfer or other relief in respect of lot 17.

Court Disposition

Appeal allowed with costs; order of the Court of Appeal of New South Wales set aside.

Orders

  • ['Dismiss the appeal of Googoorewon Pty Ltd to the Court of Appeal of New South Wales with costs.' 'Allow the cross-appeal of Amatek Ltd with costs.' 'Remit the matter of the cross-claim by Amatek Ltd to the Equity Division of the Supreme Court of New South Wales for adjudication.']