QLDQCA
State of Queensland v Beames [2002] QCA 209
[2002] QCA 209
Court of Appeal (Qld)|2002-06-21|Before: Davies JA, Muir and Mullins JJJudgment of the, Court
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Source factsCourt
Court of Appeal (Qld)
Decision date
2002-06-21
Before
Davies JA, Muir and Mullins JJJudgment of the, Court
Catchwords
- REAL PROPERTY - FENCING AND BOUNDARIES OF LAND - LAND BOUNDED BY WATER -
- ACCRETION AND ENCROACHMENT - where defendant was the registered
- proprietor of
- land - where one boundary of the land was a tidal navigable river - whether the
Source
Original judgment source is linked above.
Catchwords
REAL PROPERTY - FENCING AND BOUNDARIES OF LAND - LAND BOUNDED BY WATER -ACCRETION AND ENCROACHMENT - where defendant was the registeredproprietor ofland - where one boundary of the land was a tidal navigable river - whether thehigh-water mark at common law differedfrom that defined in the Land Act1994 (Qld)PROCEDURE - SUPREME COURT PROCEDURE - QUEENSLAND - PRACTICE UNDER RULES OFCOURT - SUMMARY JUDGMENT - where defendant was the registeredproprietor of land- where land resurveyed - where resurvey showed apparent increase in land area -where plaintiff pleaded apparentincrease in land area was not caused by gradualand imperceptible degrees of accretion and erosion, but by reclamation - wheredefendantapplied for summary judgment - where defendant raised questions offact - whether the defendant was entitled to summary judgmenton any part of theplaintiff's claimLand Act 1994 (Qld), s 8, s 9, s 10