SUPREME COURT OF QUEENSLAND
CITATION:
Wang v State of Queensland & Anor [2024] QSC 156
PARTIES:
YIQING WANG
(applicant)
v
STATE OF QUEENSLAND(first respondent)
REGISTRAR OF TITLES
(second respondent)
FILE NO/S:
SC No 6625 of 2023
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
26 July 2024
DELIVERED AT:
Brisbane
HEARING DATES:
20 July 2023, 15 December 2023 and 5 March 2024.
JUDGE:
Kelly J
ORDERS:
1. It is declared that Part 11, Division 1 of the Property Law Act 1974 is not capable of applying to approximately 46m2 of canal (forming part of land formerly described as Lot 386 RP 88417) adjoining Lot 41 RP 88417 and more particularly identified at page 5 of Exhibit ‘RR-1’ to the Affidavit of Robert Rameka filed 31 May 2023.
2. The answer to the separate question is no.
3. I will hear the parties as to costs.
CATCHWORDS:
REAL PROPERTY – CROWN LANDS – QUEENSLAND –OTHER MATTERS – where the applicant purchased a property in which part of that property encroaches upon adjoining land being “46m2 of canal” – where the applicant seeks final relief that the State convey to her the fee simple in the land over which the encroachment extends on the basis that she pays compensation in an amount to be determined by the Court – where the applicant applied for the determination of a separate question – where the applicant contends that the State is an “adjacent owner” of the land over which the encroachment extends – whether the State is an “adjacent owner” within the definition of that term as provided by s 182 of the Property Law Act 1974 (Qld) of the land over which the encroachment extends – whether the land over which the encroachment extends is “unallocated State land” within the definition of that term provided by Sch 6 of the Land Act 1994 (Qld)
REAL PROPERTY – BOUNDARIES OF LAND AND FENCING – ENCROACHMENT OF BUILDINGS AND PARTY WALLS – OTHER MATTERS – where the applicant purchased a property in which part of that property encroaches upon adjoining land being “46m2 of canal” – where the applicant seeks final relief that the State convey to her the fee simple in the land over which the encroachment extends on the basis that she pays compensation in an amount to be determined by the Court – where the applicant applied for the determination of a separate question – whether Division 1, Part 11 of the Property Law Act 1974 (Qld) applies to unallocated State land
Canals Act 1958 (Qld), s 13
Constitution Act 1867 (Qld), s 30, s 40
Constitution of Queensland 2001 (Qld), s 69
Land Act 1910 (Qld)
Land Act 1994 (Qld), s 4, s 9, s 14, s 16, s 17, Sch 6
Land Tax Assessment Act 1910 (Cth), s 3
Property Law Act 1974 (Qld), Part 11 Division 1, s 182, s 183, s 184, s 185, s 186, s 188, s 189
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- Case
- [2024] QSC 156
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. It is declared that Part 11, Division 1 of the Property Law Act 1974 is not capable of applying to approximately 46m2 of canal (forming part of land formerly described as Lot 386 RP 88417) adjoining Lot 41 RP 88417 and more particularly identified at page 5 of Exhibit ‘RR-1’ to the Affidavit of Robert Rameka filed 31 May 2023.
2. The answer to the separate question is no.
3. I will hear the parties as to costs.
Background
Background to the litigation
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
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