Westfield v Registrar-General of NSW

Westfield Management Limited (Westfield) and the Registrar-General of New South Wales were the parties involved in this dispute before the New South Wales Court of Appeal. The core of the disagreement concerned the determination of the common boundary between two properties.

The Court of Appeal was required to determine the correct legal approach to establishing the common boundary between the adjoining properties. This involved considering the principles of boundary determination in the context of Torrens title land and the interpretation of relevant survey plans and descriptions.

The Court's reasoning focused on the established principles for resolving boundary disputes, particularly where there is a discrepancy between survey plans and the physical reality on the ground. The Court affirmed that the intention of the original parties, as evidenced by the survey and registration, is paramount. The Court applied principles of statutory interpretation concerning the Real Property Act 1900 (NSW) and the effect of registered plans on defining boundaries. The Court found that the Registrar-General's approach to determining the boundary was correct.

The appeal was dismissed, and Westfield was ordered to pay the costs of the Registrar-General.