Parramore v Duggan

183 CLR 633
70 ALJR 1
132 ALR 40

---

PARRAMORE v DUGGAN

Court:

Judges: Brennan
Deane
Dawson
Toohey
McHugh JJ

Judgment date: 3 November 1995

---

ORDER

1.

Appeal allowed with costs.

2.

Set aside the order of the Full Court of the Supreme Court of Tasmania and in lieu thereof order:

(a)

Appeal allowed with costs to be taxed.

(b)

Set aside the order of Zeeman J made on 17 August 1993 and in lieu thereof order:

(i)

Answer the question reserved in the special case as follows:

On the basis of the Special Case stated and the pleadings as they stand the land described in Folio of the Register Volume 4012 Folio 97 is not subject to a right of way (as described in Folio of the Register Volume 3820 Folio 26 or Conveyance dated the 2nd day of May 1925 or otherwise) appurtenant to the land described in Folio of the Register Volume 3820 Folio 26, save and except to the extent that the Plaintiff's claim is based upon long user or upon a grant of easement by a deed now lost made after the 2nd May 1925.

(ii)

Plaintiff to pay the defendant's costs to be taxed.

3. Remit the matter to the Supreme Court of Tasmania to determine any application by the respondent to raise a case based on s 40(3)(e)(ii) of the Land Titles Act 1980 (Tas) or to add the Recorder of Titles as a party and otherwise to hear and determine the matter according to law.

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.