WILLIAMS v STATE TRANSIT AUTHORITY OF NSW & ORS [2004] NSWCA 179

WILLIAMS v STATE TRANSIT AUTHORITY OF NSW & ORS [2004] NSWCA 179

The doctrine of lost modern grant does not extend to the creation of easements over Torrens title land in New South Wales where the acts of user occurred while the land was under the Real Property Act 1900; s178 of the Conveyancing Act 1919 precludes rights of way being acquired against the Crown or its statutory representatives by long user; no binding contract arose from the tender process or implied term of fair dealing, as express rights and discretion were reserved by STA; and the STA was properly treated as 'the Crown' for the purpose of the Fair Trading Act 1987, so the statutory misrepresentation claim failed.

Parties
Appellant: Treve Williams; First Respondent: State Transit Authority of NSW; Second Respondent: Anson City Developments 1 (Australia) Pty Ltd; Cross Claimant: Australian Jockey Club
Jurisdiction
Australia
Judgment Date
11 June 2004
Procedural Posture
Appeal / Court of Appeal – Appeal and Cross Appeals From Supreme Court of NSW (equity Division)
Outcome
Appeal dismissed with costs. Cross appeals upheld with costs.
Legal Topics
Doctrine of Lost Modern Grant, Easements by Prescription, Acquisition of Easements Under the Torrens System, Contractual Implied Terms in Tender Process, Fair Trading Act Claims, Crown Immunity, Acquiescence and Onus of Proof, Priority of Equitable Interests
Real Property Contract Equity Doctrine of Lost Modern Grant Easements by Prescription Acquisition of Easements Under the Torrens System Contractual Implied Terms in Tender Process Fair Trading Act Claims +3 more

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Parties

Treve Williams

Appellant

State Transit Authority of NSW

First Respondent

Anson City Developments 1 (Australia) Pty Ltd

Second Respondent

Australian Jockey Club

Cross Claimant

Procedural Posture

Appeal / Court of Appeal – Appeal and Cross Appeals From Supreme Court of NSW (equity Division)

Legal Issues

  1. 1 Whether the doctrine of lost modern grant applies to Torrens title land in NSW
  2. 2 Whether rights of way and easements claimed by longstanding user can be acquired against the Crown/STA
  3. 3 Whether the tender process created a binding contract with implied terms of fair dealing and equal opportunity

Ratio Decidendi

The doctrine of lost modern grant does not extend to the creation of easements over Torrens title land in New South Wales where the acts of user occurred while the land was under the Real Property Act 1900; s178 of the Conveyancing Act 1919 precludes rights of way being acquired against the Crown or its statutory representatives by long user; no binding contract arose from the tender process or implied term of fair dealing, as express rights and discretion were reserved by STA; and the STA was properly treated as 'the Crown' for the purpose of the Fair Trading Act 1987, so the statutory misrepresentation claim failed.

Court Disposition

Appeal dismissed with costs. Cross appeals upheld with costs.

Orders

  • AJC's appeal dismissed with costs.
  • Cross appeals of STA and Anson upheld with costs.