10 Jan 2012

In a recent decision, Bell J of the Supreme Court of Victoria held that, in defending an adverse possession claim, the Roads Corporation was entitled to rely on the immunity of the Crown specified in s 7 of the Limitations of Actions Act 1958 (Vic).

The case is important for all departments and statutory authorities as it highlights the factors a court will consider in order to determine whether a statutory corporation can rely on Crown immunity in circumstances where it is not explicitly provided for in legislation.

PDF icon Case Summary Roads v Pearse.pdf681.24 KB