THOMAS v CRAIG; THOMAS v CAWTHORNE [1996] NSWCA 528

THOMAS v CRAIG; THOMAS v CAWTHORNE [1996] NSWCA 528

There was ample evidence of occupation to support possessory title, and none of the appellant's submissions established error in the trial judge's reasoning. Section 164 of the Conveyancing Act 1900 was inapplicable as the vendors had no title, and possession at litigation commencement established standing regardless of the asserted transfer's validity.

Parties
Appellant: Thomas; Respondent: Craig; Respondent: Cawthorne
Jurisdiction
Australia
Judgment Date
29 October 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Possessory Title, Conveyancing Act 1900 S 164
Property Law Possessory Title Conveyancing Act 1900 S 164

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas

Appellant

Craig

Respondent

Cawthorne

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was evidence of occupation required for possessory title
  2. 2 Whether respondents held the land as tenants or licensees
  3. 3 Effect of s 164 Conveyancing Act 1900

Ratio Decidendi

There was ample evidence of occupation to support possessory title, and none of the appellant's submissions established error in the trial judge's reasoning. Section 164 of the Conveyancing Act 1900 was inapplicable as the vendors had no title, and possession at litigation commencement established standing regardless of the asserted transfer's validity.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs