Williams v Booth [1910] HCA 12

Williams v Booth [1910] HCA 12

The language of the Crown grants, referring to the boundary as 'by that lagoon and the sea', evinces an intention not to grant the land under the lagoon. The medius filus rule does not apply to marine lagoons, and no case of imperceptible accretion was made out; thus, the plaintiff failed to show title to the lagoon bed.

Parties
Appellant: James Leslie Williams; Respondent: William Booth; Other: Registrar-General (NSW); Other: The Crown (New South Wales); Other: The Crown (Victoria); Other: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
14 April 1910
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales
Outcome
Appeal allowed
Legal Topics
Construction of Crown Grants, Intention of Parties to Land Grant, Riparian Rights, Boundaries by Reference to Water, Accretion and Alluvion, Application of Medius Filus Rule
Property Law Construction of Crown Grants Intention of Parties to Land Grant Riparian Rights Boundaries by Reference to Water Accretion and Alluvion Application of Medius Filus Rule

Case Brief

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Parties

James Leslie Williams

Appellant

William Booth

Respondent

Registrar-General (NSW)

Other

The Crown (New South Wales)

Other

The Crown (Victoria)

Other

Commonwealth of Australia

Other

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether Crown grants describing boundaries as 'by that lagoon and the sea' include the bed of the lagoon
  2. 2 Whether the medius filus rule applies to marine lagoons in New South Wales
  3. 3 Whether the respondent acquired land by accretion or alluvion

Ratio Decidendi

The language of the Crown grants, referring to the boundary as 'by that lagoon and the sea', evinces an intention not to grant the land under the lagoon. The medius filus rule does not apply to marine lagoons, and no case of imperceptible accretion was made out; thus, the plaintiff failed to show title to the lagoon bed.

Court Disposition

Appeal allowed

Orders

  • Judgment appealed from discharged
  • Plaintiff to have liberty to amend statement of claim within 30 days after allocatur to claim any accretion properly so-called