Squire, Robert Weir v Rogers, Francis C. [1979] FCA 85

Squire, Robert Weir v Rogers, Francis C. [1979] FCA 85

Section 29 of the Darwin Town Area Leases Ordinance does not deprive the Supreme Court of jurisdiction to make an order for sale under the Partition Act, 1881 (S.A.), as the relevant context is the law at the time of the Act's introduction and the prohibition affects only carrying out the partition, not its making. Laches/estoppel do not bar the action, as no factual foundation was made out. On account of rents and profits, the respondent is entitled only to share the income from improvements if she bears her share of their cost. The account is limited to six years prior to suit, including allowance for appellant's expenditures and work/labour, with unresolved issues to be remitted if not...

Parties
Appellant (defendant): Robert Weir Squire; Respondent (plaintiff): Frances C. Rogers
Jurisdiction
Australia
Judgment Date
29 August 1979
Procedural Posture
Civil Appeal / Appeal Judgment and Orders
Outcome
Appeal allowed in part, dismissed in part.
Legal Topics
Co Ownership, Partition, Sale of Land, Improvement Allowances, Account of Rents and Profits, Adjournment Discretion
Property Law Equity Co Ownership Partition Sale of Land Improvement Allowances Account of Rents and Profits Adjournment Discretion

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Parties

Robert Weir Squire

Appellant (defendant)

Frances C. Rogers

Respondent (plaintiff)

Procedural Posture

Civil Appeal / Appeal Judgment and Orders

Legal Issues

  1. 1 Whether the Supreme Court had jurisdiction to order sale under Partition Act, 1881 (S.A.) given Section 29 Darwin Town Area Leases Ordinance 1947
  2. 2 Whether delay and conduct/laches or estoppel could bar partition/sale
  3. 3 Entitlement to account of rents and profits; effect of improvements made by one co-owner

Ratio Decidendi

Section 29 of the Darwin Town Area Leases Ordinance does not deprive the Supreme Court of jurisdiction to make an order for sale under the Partition Act, 1881 (S.A.), as the relevant context is the law at the time of the Act's introduction and the prohibition affects only carrying out the partition, not its making. Laches/estoppel do not bar the action, as no factual foundation was made out. On account of rents and profits, the respondent is entitled only to share the income from improvements if she bears her share of their cost. The account is limited to six years prior to suit, including allowance for appellant's expenditures and work/labour, with unresolved issues to be remitted if not...

Court Disposition

Appeal allowed in part, dismissed in part.

Orders

  • Leave granted for amendments to Notice of Appeal.
  • Supreme Court orders for sale confirmed.