Williams v State Transit Authority of NSW

The case of *Williams v State Transit Authority of NSW* concerned a dispute over a right of way. The appellant, Mr Williams, claimed an easement by prescription over land owned by the respondent, the State Transit Authority of New South Wales. The primary legal issues before the Court of Appeal of New South Wales were whether the doctrine of lost modern grant applied to land under the Torrens system, whether section 178 of the *Conveyancing Act 1919* (NSW) limited the concept of a "grant of a way" to public rights of way only, and whether certain representations made by the Authority constituted misleading or deceptive conduct under the *Fair Trading Act 1987* (NSW).

The Court of Appeal considered the applicability of the doctrine of lost modern grant in the context of the Torrens system, noting that while the system aims for certainty, it does not extinguish all pre-existing rights. The Court found that the doctrine could still operate, albeit with careful consideration of the Torrens system's principles. Regarding section 178 of the *Conveyancing Act 1919*, the Court determined that the phrase "grant of a way" was not confined to public rights of way and could encompass private easements. Furthermore, the Court examined the alleged misleading or deceptive conduct, assessing whether the Authority's actions met the threshold for such conduct under the *Fair Trading Act 1987*.

The Court of Appeal dismissed Mr Williams' appeal, finding that he had not established the necessary conditions for a prescriptive easement. However, the Court upheld the cross-appeals by the State Transit Authority, concluding that certain representations made by the Authority did indeed constitute misleading or deceptive conduct. Consequently, the appeal was dismissed with costs, and the cross-appeals were upheld.