Mills v Stokman

116 CLR 61

---

Between: Daphne May Mills
And: Martin Cornelis Stokman

Court:

Judges: Barwick CJ
McTiernan J
Kitto J
Taylor J
Menzies J

Subject References:
Real Property
Profits a prendre
Whether sale of goods or grant of interest in land
Assignment
Whether authority to enter enforceable against new purchaser

Legislative References:
Sale of Goods Act 1923 (NSW) - s 5; s 22; s 23
Real Property Act 1900 (NSW) - s 42

Hearing date: 2 November 1966; 3 November 1966; 1967 November 1966; 3 April 1966; 19 May 1966
Judgment date: 19 May 1967

SYDNEY

---

ORDER

Order of the Supreme Court varied by deleting therefrom the declaration that Martin Cornelis Stokman is the owner of the slate at grass situated on part Portion 195 and on part Portion 122 of the land of Daphne May Mills and adding thereto a declaration that Martin Cornelis Stokman is entitled to use and enjoy the rights over Portion 195 of the land owned by Daphne May Mills which were granted by the agreement of 14th November 1955 to Robert George Warren and an injunction in terms of the prayer numbered one of the statement of claim limited to the lands comprised in the said Portion 195.

Otherwise appeal dismissed with costs.