Cologna Investments Pty Ltd as trustee for the P. and D. Panizza Family Trust v Caranna

[2023] WASC 368

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary judgment
3. › Application by plaintiff
4. › Extension of time to file application
5. › Whether strict compliance with time limit would cause injustice
6. › Rules of the Supreme Court 1971 (WA), O 14 r 1
1. Practice and Procedure
2. › Summary judgment
3. › Requirements for grant
4. › Whether defendant has defence to claim
5. › No affidavits filed by defendants
6. › Estoppel defence pleaded but unsupported by evidence
1. Real Property
2. › Possession
3. › Registered proprietor's right to possession
4. › Defendants in occupation without established right
5. › Whether estoppel defence arguable in absence of evidence
1. Tort
2. › Trespass to land
3. › Whether summary judgment appropriate
4. › Whether essential elements of trespass verified
5. › Relevance of prior permission or licence

Quick Take

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.