Laws1113 - Final Exam Cases - Trespass To Land

Front 1

Kelsen v Imperial Tobacco

Back 1

Any intrusion, however minor, is trespass once permission is revoked.

Front 2

Graham v Morris & Sons

Back 2

Even irregular or transient trespass is still trespass.

Front 3

Bernstein v Skyviews

Back 3

An aircraft flying over the property at a great height is not trespassing.

Front 4

Lang Parade Pty Ltd v Peluso

Back 4

Only nominal or minor damages will be awarded where the trespass doesn't actually affect the resident.

Front 5

Delaney v Smith

Back 5

Must be in lawful, exclusive possession of the land.

Front 6

Newington v Windeyer

Back 6

Not necessary to be the actual owner of the land if possession has been held for sufficient time.

Front 7

Esso Petroleum Co Ltd v Southport corporation

Back 7

Must be direct.

Front 8

Public Transport Commission of New South Wales v Perry

Back 8

Must be an intentional act.

Front 9

League Against Cruel Sports v Scott

Back 9

If an owner is reckless with regard to the conduct of his animals, he can be found liable in trespass to lands.