Conway v Jackson

Conway v Jackson concerned a dispute between the parties over the ownership of a parcel of land. The case came before the High Court of Australia, with judgment delivered by McHugh and Hayne JJ.

The central legal issue before the High Court was whether the respondent, Jackson, had acquired title to the land by adverse possession. This required the court to consider the elements necessary to establish adverse possession under the relevant legislation, specifically the nature of possession required and the period for which it must be maintained.

The court's reasoning focused on the established principles of adverse possession, which require possession to be adverse, continuous, exclusive, and open for the statutory period. McHugh and Hayne JJ analysed the evidence presented to determine if Jackson's occupation of the land met these criteria. They considered the nature of Jackson's use of the land and whether it demonstrated an intention to possess the land to the exclusion of the true owner. The court affirmed that mere use or occupation without the requisite intention to dispossess the owner is insufficient to establish adverse possession.

The High Court found that Jackson had not established adverse possession of the land. Consequently, the appeal was allowed, and the orders of the lower court were set aside.