Roberts v Eckert

In Roberts v Eckert, the defendant, Eckert, appealed against a trial judgment that found him to be in breach of equitable ownership of certain farming land in favour of Roberts. Eckert's appeal was dismissed, and both parties subsequently made interlocutory applications to the court. Eckert's application sought orders to address his continued occupation of Roberts' land, while Roberts sought to enjoin Eckert from taking any further steps in the proceedings. The matter was argued on the basis that Eckert's application should be determined first.

The court was required to decide whether Eckert was entitled to just allowances for rates, taxes, and expenses incurred during his occupation of the land. The court also had to determine whether Roberts was entitled to abandon his entitlement to damages for trespass to the land, conversion of grape vintages, and any assessment thereof. The court needed to decide if Roberts had the sole right to waive or abandon his entitlement to seek an assessment of damages payable by Eckert.

The court found that Eckert was not entitled to just allowances for the rates, taxes, and expenses he incurred during his occupation of the land. The court also found that Roberts had the sole right to waive or abandon his entitlement to seek an assessment of damages payable by Eckert. The court dismissed Eckert's interlocutory application and ordered the parties to be heard on the final disposition of Roberts' application, the existing stay against Roberts enforcing his costs allocator, and the costs of the argument. The court did not determine whether Eckert was insolvent, as this was not relevant to the issues before it.