Cleret v Rago

[2014] QCA 158

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Practice and procedure
3. › Time for appeal
4. › Extension of time
5. › Whether appeal has reasonable prospects of success
6. › District Court of Queensland
1. Real Property
2. › Adverse possession
3. › Possession with permission of documentary owner
4. › Whether possession adverse where occupant entered with owner's consent to occupy in lieu of rent
5. › Limitation of Actions Act 1974 (Qld)
1. Equity
2. › Constructive trust
3. › Claim for entirety of property
4. › Whether unconscionable for registered owner to retain property
5. › Whether contributions sufficient to establish constructive trust
1. Appeal
2. › Appellate review of findings of fact
3. › Trial judge's advantage in assessing credibility
4. › Whether findings open on the evidence

Quick Take

Possession of property with the documentary owner's permission (such as an arrangement to occupy in lieu of rent) is not 'adverse' for the purposes of adverse possession, even where the occupant makes mortgage payments, rates and other contributions. A claim for constructive trust over the entirety of a property requires the claimant to establish that it would be unconscionable for the registered owner to retain any part of the property, and the claimant assumes a greater burden than if claiming a proportionate interest. Expert evidence is required to establish that renovation work increased the market or rental value of property.

Case Details

Citation[2014] QCA 158

CourtQCA

JurisdictionQueensland

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Cited by1

2023Gianchino v GianchinoVSCA 162

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