Kleiner v Randall

Case [2005] NFSC 3


SUPREME COURT OF NORFOLK ISLAND

Kleiner v Randall [2005] NFSC 3

REAL PROPERTY – adverse possession – application for declaration of ownership by personal representative of the estate of the documentary owner – where disputed land maintained, grazed and fenced as part of lands of successive possessors – whether adverse possession established by the successive possessors – whether adverse possession can be gained with respect to a part of the documentary owner’s land - whether estate of the documentary owner under a disability as described by s28 Limitation of Actions (Real Property) Act 1988 (NI) so as to negate the time for the running of the adverse possession claim – standard of proof required for an adverse possession claim

Statutes

Land Titles Act 1966 (NI) s 37

Limitation of Actions (Real Property) Act 1988 (NI) ss 9, 19, 31, 29, 28, 5

Cases

Allen v Roughley (1955) 94 CLR 98 Cited

Briginshaw v Briginshaw (1938) 60 CLR 336 Dist

Buckinghamshire County Council v Moran [1990] 1 Ch 623 Cited

Clement v Jones (1909) 8 CLR 133 Dist

E J Cooke v G L Dunn (1998) 9 BPR 16,489 Cited

Lord Advocate v Lord Lovat (1880) 5 App Cas 27 Cited

McDonell v Giblin (1904) 23 NZLR 660 Cited

Mulcahy v Curramore Pty Ltd [1974] 2 NSWLR 464 Applied

Murnane v Findlay (No 2) [1926] VLR 80 Cited

Powell v McFarlane (1979) 38 P & CR 452 Cited

Quach v Marrickville Municipal Council (Nos 1 and 2) (1991) 22 NSWLR 55 Cited

Re Johnson (1999) QSC 197 Cited

Re Pochi v Minister for Immigration and Ethnic Affairs (1979) 26 ALR 247 Cited

Seddon v Smith (1877) 36 LT 168 Cited

Tichborne v Weir (1892) 67 LT 735 Cited

Wata-Ofei v Danquah [1961] 1 WLR 1238 Cited

RICHARD AARON KLEINER v FRANKLIN ERNEST RANDALL and KEVIN RANDALL

SC10 OF 2004

IN THE ESTATE OF JOHN FORRESTER YOUNG, LATE OF LONGRIDGE, NORFOLK ISLAND, FARMER, DECEASED
P5 OF 2004

KIEFEL J
11 AUGUST 2005
SYDNEY (HEARD IN NORFOLK ISLAND)


IN THE SUPREME COURT

OF NORFOLK ISLAND

SC10 OF 2004

BETWEEN:

RICHARD AARON KLEINER
PLAINTIFF

AND:

FRANKLIN ERNEST RANDALL
FIRST DEFENDANT

KEVIN RANDALL
SECOND DEFENDANT

JUDGE:

KIEFEL J

DATE OF ORDER:

11 AUGUST 2005

WHERE MADE:

SYDNEY (HEARD ON NORFOLK ISLAND)

THE COURT DECLARES THAT:

1.The making of further orders and declarations be stood over.

2.The parties file and serve proposed orders and declarations to give effect to these reasons, together with any material upon which they rely, by 22 August 2005.

3.The plaintiff pay the defendants’ costs of the proceedings.


IN THE SUPREME COURT

OF NORFOLK ISLAND

P5 OF 2004

PROBATE JURISDICTION

IN THE ESTATE OF JOHN FORRESTER YOUNG, LATE OF LONGRIDGE, NORFOLK ISLAND, FARMER, DECEASED

BETWEEN:

RICHARD AARON KLEINER
APPLICANT

AND:

CURATOR OF ESTATES OF DECEASED PERSONS
RESPONDENT

JUDGE:

KIEFEL J

DATE OF ORDER:

11 AUGUST 2005

WHERE MADE:

SYDNEY (HEARD ON NORFOLK ISLAND)

THE COURT ORDERS THAT:

1.        The application be dismissed.


IN THE SUPREME COURT

OF NORFOLK ISLAND

SC10 OF…

Continue reading Kleiner v Randall

Sign in free to access the full text

Details
AGLC
Kleiner v Randall [2005] NFSC 3
Case
[2005] NFSC 3
Decision Date

CaseChat Overview and Summary

The plaintiff, Richard Aaron Kleiner, commenced proceedings against the Randalls, Franklin Ernest and Kevin, seeking to recover moneys he claimed were owed by the Randalls. Kleiner also applied to the court for an order to compel the Randalls to provide an account of the estate of John Forrester Young, deceased, of which Franklin was the executor. The second proceeding was in the court's probate jurisdiction. The judge was Kiefel J.
The legal issues before the court were whether Kleiner had standing to compel the Randalls to provide an account of the estate of John Forrester Young and whether Kleiner was owed moneys by the Randalls.
The court found that Kleiner had no standing to compel the Randalls to provide an account of the estate of John Forrester Young as he was not a beneficiary of the estate. The court found that Kleiner had failed to establish a debt against the Randalls. The application was dismissed.

Orders

Orders of the court

1. The application be dismissed.

IN THE SUPREME COURT

OF NORFOLK ISLAND

SC10 OF 2004

BETWEEN:

RICHARD AARON KLEINER

PLAINTIFF

AND:

FRANKLIN ERNEST RANDALL

FIRST DEFENDANT

KEVIN RANDALL

SECOND DEFENDANT

AND:

IN THE SUPREME COURT

OF NORFOLK ISLAND

P5 OF 2004

PROBATE JURISDICTION

IN THE ESTATE OF JOHN FORRESTER YOUNG, LATE OF LONGRIDGE, NORFOLK ISLAND, FARMER, DECEASED

BETWEEN:

RICHARD AARON KLEINER

APPLICANT

AND:

CURATOR OF ESTATES OF DECEASED PERSONS

RESPONDENT

JUDGE:

KIEFEL J

DATE:

11 AUGUST 2005

PLACE:

SYDNEY (HEARD ON NORFOLK ISLAND)

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.