Bendigo Cemeteries Trust

The proceeding concerned a dispute between the Bendigo Cemeteries Trust and Iain Campbell Thompson. The Trust sought to recover possession of land from Mr Thompson, who had occupied the land for a period of approximately 15 years. The Trust's claim was based on the assertion that Mr Thompson was a trespasser, having no lawful right to occupy the land. The matter came before the Supreme Court of Victoria.

The central legal issue before the Court was whether Mr Thompson's occupation of the land constituted trespass, or if he had acquired a lawful right to remain in possession. This required the Court to consider the nature of Mr Thompson's entry onto the land, his subsequent actions, and whether these established any legal entitlement to occupy the property, notwithstanding the Trust's ownership.

The Court found that Mr Thompson had entered the land without the Trust's permission and had not subsequently acquired any lawful right to remain. His occupation was therefore deemed to be unlawful. The Court applied the principles of property law, specifically concerning trespass and the requirements for establishing a lawful right to possession of land. As Mr Thompson had failed to demonstrate any such right, his continued occupation was found to be in contravention of the Trust's proprietary interests.

The Court ordered that possession of the land be delivered to the Bendigo Cemeteries Trust.