999843
Description
Mind Map by tiffany nicholas, updated more than 1 year ago
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Created by tiffany nicholas
about 10 years ago
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Trespass to land
- elements
- 1) locus standi
- must have exclusive possession of land eg
ownership/leasehold New south wales v Ibbett
- must have exclusive possession of land eg
ownership/leasehold New south wales v Ibbett
- 2) interference with the land
- interference
- without authority
- plenty v dillion
- plenty v dillion
- entry for impermissible purpose
- halliday v neville
- TCN channel 9 pty ltd v anning
- halliday v neville
- rufusal to leave: kuru v new south wales
- contact with the land
- setting foot on land : plenty
- throwing objects onto land: konskier v goodman
- setting foot on land : plenty
- without authority
- with the land
- anything attatched to land eg. grass
plants trees, gravel or buildings
- airspace ' to such a height that is necessary for the ordinary use
and enjoyment of his land and the structures upon it' Baron of
Bernstein v skyviews
- aircrafts flying = no tresspass
- aircrafts flying = no tresspass
- subsoil will be tresspass in absence
of stat authority : stoneman v lyons
- anything attatched to land eg. grass
plants trees, gravel or buildings
- interference
- 3) interference was intentional or negligent
- must intend/been negligent nickells
v Melbourne corporation
- do not need to prove D intended
- do not need to prove D intended
- must intend/been negligent nickells
v Melbourne corporation
- interference was direct
- act must directly bring
about the contact with the
plaintiffs land southport
corp v esso petroleum co
ltd
- tree branches no trespass
- act must directly bring
about the contact with the
plaintiffs land southport
corp v esso petroleum co
ltd
- 1) locus standi
- defences
- a licence or lawful justification to enter (consent)
- members of the public have implied licence to enter an unobstructed
front yard and walk up the path or driveway to the front door for a
legitimate purpose; Halliday v Nevil
- does not count if there is a sign saying not to enter or locked gate
- can be withdrawn
- TV does not have right to have cameras rolling TCN channel 9 pty ltd v Anning
- business premises; normally implies authority to all members of the public to enter the premisis to
discuss business. Lincoln hunt australia pty ltd v willesee
- does not count if there is a sign saying not to enter or locked gate
- stat provisions only give power
to enter premises where the
provision expressly confers
apower or where a power of
entry is impliedly necessary in
order to give functionality to the
provision plent v dillion
- a licence or lawful justification to enter (consent)
- remedies
- aggraved damages ; protect privacy to land
even though no damage done; plenty v dillion
- exemplary damages; concious wrongdoing new south wales v ibbett
- ejectment of trespasser; a person who remains on the premises after occupier has asked to leave becomes trespasser
once reasonable time has lapsed; cowell v rosehill racecourse co.
- the occupier or authorised rep is entitled to use force reasonably necessary to
remove trespasser; Horkin v North melbourne football club social club; pull push or
carry cannot use force to deliberatly cause harm. cullen v Rice
- if threatened by D/ resist removal they can use any force reasonably require to defend
- if threatened by D/ resist removal they can use any force reasonably require to defend
- the occupier or authorised rep is entitled to use force reasonably necessary to
remove trespasser; Horkin v North melbourne football club social club; pull push or
carry cannot use force to deliberatly cause harm. cullen v Rice
- nominal nsw v ibbett
- compensatory; natural and
probable losses; hogan v AG
wright pty ltd
- injunction
- aggraved damages ; protect privacy to land
even though no damage done; plenty v dillion
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