Strel v Cordia [2016] NSWSC 1596

Strel v Cordia [2016] NSWSC 1596

Despite incomplete evidence, the available evidence supported the inference that by about 1970 or 1971 Richard Strel had performed his obligations as purchaser under the Terms Contract and was entitled to acquire title to the property from Sylvia Graef; that entitlement vested in Adelaide Strel upon the grant of administration. Mr Cordia's claim to possessory title failed because, at least until 2013, his use and occupation of the property was pursuant to Ms Strel's permission under the 1991 contractual licence, so it was not adverse for more than the twelve-year limitation period.

Jurisdiction
Australia
Judgment Date
11 November 2016
Procedural Posture
Equity Proceedings Concerning Competing Claims to Ownership of Torrens Title Real Property and a Cross Claim for Possessory Title / Principal Judgment After Hearing
Outcome
Plaintiff established a right to obtain title to the property; the cross-claim was dismissed; Ms Strel was entitled to an order for possession against Mr Cordia; damages or equitable compensation for failure to vacate were not proved.
Legal Topics
['torrens Title' 'terms Contract for Sale of Land' 'specific Performance' 'unregistered Interests' 'possessory Title' 'adverse Possession' 'contractual Licence' 'grant of Administration' 'caveats']
['real Property' 'equity' 'limitations' 'evidence' 'probate and Administration'] ['torrens Title' 'terms Contract for Sale of Land' 'specific Performance' 'unregistered Interests' 'possessory Title' 'adverse Possession' 'contractual Licence' 'grant of Administration' 'caveats']

Case Brief

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Procedural Posture

Equity Proceedings Concerning Competing Claims to Ownership of Torrens Title Real Property and a Cross Claim for Possessory Title / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether Richard Strel performed his obligations under the Terms Contract with Sylvia Graef and became entitled to acquire title to the property.' "Whether Adelaide Strel, as administratrix of Richard Strel's estate, was vested with his rights to acquire title to the property." "Whether Robert Jan Cordia's use and occupation of the property constituted adverse possession for more than the applicable limitation period." "Whether Mr Cordia's occupation was pursuant to Ms Strel's consent or permission under the 1991 arrangement." "Whether Ms Strel proved any loss from Mr Cordia's failure to vacate after the notice to vacate."]

Ratio Decidendi

Despite incomplete evidence, the available evidence supported the inference that by about 1970 or 1971 Richard Strel had performed his obligations as purchaser under the Terms Contract and was entitled to acquire title to the property from Sylvia Graef; that entitlement vested in Adelaide Strel upon the grant of administration. Mr Cordia's claim to possessory title failed because, at least until 2013, his use and occupation of the property was pursuant to Ms Strel's permission under the 1991 contractual licence, so it was not adverse for more than the twelve-year limitation period.

Court Disposition

Plaintiff established a right to obtain title to the property; the cross-claim was dismissed; Ms Strel was entitled to an order for possession against Mr Cordia; damages or equitable compensation for failure to vacate were not proved.

Orders

  • ['Cross-Claim is dismissed.' 'Within 14 days the parties are to bring in Short Minutes to give effect to the reasons.' 'The Court will then decide whether to make final orders in Chambers or re-list the matter for further submissions.']