State of Queensland v Beames [2002] QCA 209

State of Queensland v Beames [2002] QCA 209 (21 June 2002)

SUPREME COURT OF QUEENSLAND

CITATION:

State of Queensland v Beames [2002] QCA 209

PARTIES:

STATE OF QUEENSLAND

(plaintiff/respondent)

v

DOUGLAS MACLEOD BEAMES

(defendant/appellant)

FILE NO/S:

Appeal No 5021 of 2001

SC No 7742 of 1999

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

21 June 2002

DELIVERED AT:

Brisbane

HEARING DATE:

25 March 2002

JUDGES:

Davies JA, Muir and Mullins JJ

Judgment of the Court

ORDER:

Appeal dismissed with costs

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 high-water mark at common law differed from that defined in the Land Act 1994 (Qld) PROCEDURE - SUPREME COURT PROCEDURE - QUEENSLAND - PRACTICE UNDER RULES OF COURT - SUMMARY JUDGMENT - where defendant was the registered proprietor of land - where land resurveyed - where resurvey showed apparent increase in land area - where plaintiff pleaded apparent increase in land area was not caused by gradual and imperceptible degrees of accretion and erosion, but by reclamation - where defendant applied for summary judgment - where defendant raised questions of fact - whether the defendant was entitled to summary judgment on any part of the plaintiff's claim Land Act 1994 (Qld), s 8, s 9, s 10 Attorney-General v Chambers [1854] EngR 733; (1854) 4 De G M & G 206; 43 ER 486, considered Svendsen v State of Queensland & Anor, Demack J, Supreme Court Rockhampton No 32 of 1996, 29 April 1999, considered

COUNSEL:

Appellant appeared on his own behalf

R J Douglas SC, with D J Campbell, for the respondent

SOLICITORS:

Appellant appeared on his own behalf

C W Lohe, Crown Solicitor, for the respondent