A pleaded estoppel defence, unsupported by any affidavit evidence, will not prevent summary judgment for possession by a registered proprietor. A trespass claim may fail on summary judgment where the evidence does not exclude the possibility of prior permission or licence to occupy.
The full text is available to signed-in members, including the 22 later cases that cite this judgment.
4 of the 22 citing cases carry a classified treatment. How each court treated it is available to signed-in members.