Robertson v MA

This matter came before the Full Court of the Supreme Court of South Australia, with S Doyle and Bleby JJ presiding. The applicants, formerly registered proprietors of the Property at 15 Mary Mackillop Road, Port Patterson, sought leave to appeal and a stay pending appeal against an order for vacant possession granted to the respondent. The dispute arose from a longstanding conflict between the applicants and the Council concerning planning decisions and the applicants' refusal to pay rates, which ultimately led to the Council exercising its power of sale over the Property. The respondent purchased the Property from the Council and became the registered proprietor.

The central legal issues before the Full Court were whether the applicants had any arguable grounds to resist the order for vacant possession granted to the respondent, and consequently, whether leave to appeal and a stay should be granted. Specifically, the court considered the applicants' challenges to the description of the Property on the certificate of title and the Council's conduct in the sale, in the context of the respondent's claim as a registered proprietor under the Torrens system.

The Full Court reasoned that the respondent, as a bona fide purchaser for value who had become the registered proprietor, held an indefeasible title to the Property. This indefeasibility, protected by the Real Property Act, meant that the applicants' complaints regarding the certificate of title's description and the Council's conduct were irrelevant to the respondent's right to possession. The court found that none of the limited exceptions to indefeasibility under section 69 of the Real Property Act were applicable. Therefore, the applicants' purported grounds of appeal lacked merit.

Consequently, the Full Court dismissed the applications for leave to appeal and for a stay pending appeal.