Recent Cases

Carver v State of New South Wales [2024] NSWCA 10 (06 February 2024) (Meagher and Gleeson JJA, Griffiths AJA)


LAND LAW — Crown land — claim by Crown for possession of Crown land — where land previously subject to a permissive occupancy — whether claim statute barred on the basis that the land has been in adverse possession for over 30 years — ss 27 and 38 of the Limitation Act 1969 (NSW) — effect of s 65 Limitation Act — whether s 13.1 of the Crown Land Management Act 2016 (NSW) precludes the appellant’s defence that the Crown’s action is statute barred

LAND LAW — Adverse possession — Intention to possess — where rent paid to the Crown — where occupant sought to regularise his occupation of the land by seeking a permissive occupancy or licence from the Crown