Blythe v Willis [2018] NSWSC 131

Blythe v Willis [2018] NSWSC 131

Stan Muzica had no rational basis for asserting an enforceable legal right over the Blythe land, and he caused statements asserting such a right to be made with the intention of interfering with the proposed sale so as to pressure Mrs Blythe to negotiate over access. That constituted malice for slander of title, and the natural and probable consequence of the failed sale included Mrs Blythe's interest costs on the $1,100,000 borrowing, but not the loss of the Woronora Heights deposit; the forfeited deposit retained by Mrs Blythe had to be brought to account. Stan Muzica and Karl Muzica trespassed after permission to use the waterfront track was withdrawn, entitling Mrs Blythe to...

Jurisdiction
Australia
Judgment Date
22 February 2018
Procedural Posture
Equity Proceedings Concerning Alleged Right of Way, Trespass, Slander of Title, and a Cross Claim for an Easement Under S 88 K of the Conveyancing Act 1919 (nsw) / Principal Judgment After Hearing; Plaintiff Directed to Bring in Short Minutes of Order
Outcome
Stan Muzica's cross-claim for relief was to be dismissed. Mrs Blythe was entitled to damages for slander of title equal to the interest paid on the $1,100,000 borrowing less the forfeited deposit retained by her, damages for trespass of $7,391.10, and costs of the proceedings and cross-claim against Stan Muzica....
Legal Topics
['torrens Title' 'easements' 'rights of Carriageway' 'slander of Title' 'trespass to Land' 'section 88 K Easement Application' 'damages']
['real Property' 'equity' 'torts'] ['torrens Title' 'easements' 'rights of Carriageway' 'slander of Title' 'trespass to Land' 'section 88 K Easement Application' 'damages']

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

Equity Proceedings Concerning Alleged Right of Way, Trespass, Slander of Title, and a Cross Claim for an Easement Under S 88 K of the Conveyancing Act 1919 (nsw) / Principal Judgment After Hearing; Plaintiff Directed to Bring in Short Minutes of Order

Legal Issues

  1. 1 ['Whether the Blythe land was affected by an easement or enforceable right of carriageway in favour of the Willis land or Stan Muzica' "Whether Stan Muzica's assertions of an existing use right over the Blythe land constituted slander of title causing compensable loss to Mrs Blythe" 'Whether Stan Muzica and Karl Muzica trespassed on the Blythe land and the appropriate measure of damages' 'Whether an easement over the Blythe land should be imposed under s 88K of the Conveyancing Act 1919 (NSW)' "Whether the benefit retained by Mrs Blythe from forfeiture of part of the purchaser's deposit should be brought to account in assessing damages for slander of title"]

Ratio Decidendi

Stan Muzica had no rational basis for asserting an enforceable legal right over the Blythe land, and he caused statements asserting such a right to be made with the intention of interfering with the proposed sale so as to pressure Mrs Blythe to negotiate over access. That constituted malice for slander of title, and the natural and probable consequence of the failed sale included Mrs Blythe's interest costs on the $1,100,000 borrowing, but not the loss of the Woronora Heights deposit; the forfeited deposit retained by Mrs Blythe had to be brought to account. Stan Muzica and Karl Muzica trespassed after permission to use the waterfront track was withdrawn, entitling Mrs Blythe to...

Court Disposition

Stan Muzica's cross-claim for relief was to be dismissed. Mrs Blythe was entitled to damages for slander of title equal to the interest paid on the $1,100,000 borrowing less the forfeited deposit retained by her, damages for trespass of $7,391.10, and costs of the proceedings and cross-claim against Stan Muzica....

Orders

  • ['Direct the plaintiff to file and serve Short Minutes of Order to give effect to my reasons of 22 February 2018 no later than Thursday 1 March 2018.' 'Direct the plaintiff to file and serve no later than 1 March any submissions in support of a special costs order.' 'Direct the cross claimant to file and serve any...