Delohery v Permanent Trustee Co of NSW

Delohery v Permanent Trustee Co of NSW concerned a dispute over ancient lights, where the plaintiff sought to prevent the defendant from obstructing light to their property. The case was heard by the High Court of Australia.

The central legal issues before the court were whether the doctrine of ancient lights, based on the presumption of a lost grant arising from twenty years' uninterrupted enjoyment, was applicable in New South Wales, and if so, whether the evidence presented by the defendant was sufficient to rebut such a presumption. The court also considered the extent to which English laws and statutes were introduced and applicable in the colony of New South Wales.

The court held that the doctrine of ancient lights, as part of the common law of England, was introduced into New South Wales by the first colonists. Furthermore, the court found that the presumption of a lost grant could be rebutted by evidence demonstrating that no such grant could have been lawfully made, or by showing that the enjoyment was not of a character to raise the presumption. In this instance, the court determined that the evidence did not sufficiently rebut the presumption of a lost grant.

Consequently, the High Court dismissed the appeal and affirmed the decision of the lower court, upholding the plaintiff's right to ancient lights.