Dobbie & Anor v Davidson

The applicants, John William and Rosalind Julie Dobbie, sought leave to appeal to the High Court of Australia against the first respondents, Hubert Provan and Noeline Patricia Davidson, and the Registrar-General of New South Wales. The dispute concerned the extent of indefeasibility of title under the Real Property Act 1900 (NSW) and the integrity of the Registrar-General. The applicants had owned a grazing property called Lumley Park since 1988, while the first respondents had owned the adjoining property, Ellerslie, since 1981. A primary application to bring Lumley Park under the Real Property Act had been made in 1964 by its then proprietors.

The High Court was required to determine whether to grant leave to appeal. A significant issue was whether the Court should consider matters that had not been litigated in the courts below. The applicants' submissions focused on the limits of indefeasibility of title and the integrity of the Registrar-General, particularly in relation to a 1964 primary application concerning Lumley Park.

Deane J indicated that the Court would need to be persuaded that leave to appeal should be granted, suggesting that the applicants should first address the questions that were litigated in the courts below. The applicants acknowledged this, noting that their submissions had addressed this problem. The factual background involved the ownership of Lumley Park and Ellerslie, with reference to a map illustrating the properties and surrounding areas, including roads and a cemetery within Lumley Park.