Maynes v Casey

[2011] NSWCA 156

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Competency of appeal
4. › Statutory restriction on right of appeal
5. › Amount in issue
6. › Whether value of land on which trespass occurred is relevant to threshold
7. › Whether affidavit as to material facts demonstrated likely amount of damages
8. › District Court Act 1973 (NSW), s 127(2)(c)
1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Small claims
5. › Whether adverse judgment attended by sufficient doubt
6. › Whether matter of principle raised
7. › District Court Act 1973 (NSW), s 127(2)(c)
8. › Uniform Civil Procedure Rules 2005 (NSW), r 51.22
1. Tort Law
2. › Trespass to land
3. › Implied licence to enter
4. › Withdrawal of implied licence
5. › Whether reasonable steps to notify potential visitors sufficient absent subjective awareness of notice by visitor
6. › Whether publication of notice unbeknownst to visitor renders visitor a trespasser
1. Tort Law
2. › Assault
3. › Intention
4. › Whether reckless conduct sufficient to prove assault
5. › Whether apprehension of applicant reasonable

Quick Take

In trespass to land claims, the value of the freehold is not relevant to the s 127(2)(c) threshold for appeal as of right from the District Court; only the amount of damages recoverable is relevant. An implied licence to enter land cannot be withdrawn by notice of which the visitor has no subjective awareness; the licensee must receive a communication which they understand, or which a reasonable person in their position would understand, as a revocation. The NSWCA recognises the potential for development of a tort of unjustified intrusion on personal privacy but the question remains open.