Yandama Pastoral Company v Mundi Mundi Pastoral Company Limited [1925] HCA 38

Yandama Pastoral Company v Mundi Mundi Pastoral Company Limited [1925] HCA 38

Neither section 20 of the Stock Diseases Act 1888 (S.A.) nor section 94 of the Pastoral Act 1904 (S.A.), nor the standard form reservation in pastoral leases, confers upon the owner of travelling stock a general right to take stock across another's leased land. These provisions regulate the exercise of such a right if it otherwise exists but do not themselves grant it. Any such right must exist outside these provisions, and in this case, was not established as existing at the relevant time.

Parties
Appellant / Defendant: The Yandama Pastoral Company; Respondent / Plaintiff: The Mundi Mundi Pastoral Company Limited
Jurisdiction
Australia
Judgment Date
26 October 1925
Procedural Posture
Appeal (civil) / On Appeal From the Supreme Court of South Australia, Following Judgment After Trial by Angas Parsons J.
Outcome
Appeal dismissed with costs.
Legal Topics
Pastoral Leases, Right of Passage With Travelling Stock, Trespass, Interpretation of Stock Movement Statutes
Property Law Statutory Interpretation Torts Pastoral Leases Right of Passage With Travelling Stock Trespass Interpretation of Stock Movement Statutes

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Parties

The Yandama Pastoral Company

Appellant / Defendant

The Mundi Mundi Pastoral Company Limited

Respondent / Plaintiff

Procedural Posture

Appeal (civil) / On Appeal From the Supreme Court of South Australia, Following Judgment After Trial by Angas Parsons J.

Legal Issues

  1. 1 Whether section 20 of the Stock Diseases Act 1888 (S.A.) or section 94 of the Pastoral Act 1904 (S.A.) confers a right to drive travelling stock across land leased under a pastoral lease.
  2. 2 Whether the reservation in the standard form of pastoral lease amounts to granting a substantive right of passage to drive travelling stock across leased land, or merely preserves existing rights.

Ratio Decidendi

Neither section 20 of the Stock Diseases Act 1888 (S.A.) nor section 94 of the Pastoral Act 1904 (S.A.), nor the standard form reservation in pastoral leases, confers upon the owner of travelling stock a general right to take stock across another's leased land. These provisions regulate the exercise of such a right if it otherwise exists but do not themselves grant it. Any such right must exist outside these provisions, and in this case, was not established as existing at the relevant time.

Court Disposition

Appeal dismissed with costs.

Orders

  • Declaration that the appellant was not entitled to enter or cross or travel stock across the relevant portion of the respondent's land.
  • Judgment for the respondent for £65 in one action and £60 in the other, with costs. Counterclaim dismissed with costs.