Executive Seminars Pty Ltd v Peck

The plaintiff, Executive Seminars Pty Ltd, sought to obtain title to a small piece of land (the "Executive portion") which was occupied by Executive but lay within the boundaries of a title vested in the second defendants, Mr and Mrs McPhee. The plaintiff asserted title to the Executive portion pursuant to principles of adverse possession, the special rules applicable to encroachments set out in the Property Law Act 1969 and equitable rules concerning constructive trust and estoppel. The second defendants argued that the plaintiff had no entitlement to the Executive portion. The court found that the plaintiff was entitled to obtain relief on the basis that the second defendants were estopped from denying that Executive was entitled to a transfer of the Executive portion, or, alternatively, that the second defendants held the subject land upon a constructive trust in favour of the plaintiff. The court considered that it was just and equitable that the Executive portion, which had been occupied by Executive for many years, should be vested in the plaintiff company and without compensation being allowed to the McPhees. The court gave directions for the making of orders.