Law of Torts II CASES – Trespass to Land (Lecture 5)

Law of Torts II CASES – Trespass to Land (Lecture 5)

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Law of Torts II CASES – Trespass to Land (Lecture 5) Plenty v Dillon (1991) 171 CLR 635 FACTS: o The appellant occupied a small farm, which was entered without his consent by two police officers for the purse of serving a summons under the Juvenile Courts Act 1971 – 75 (SA) upon his daughter or her parents. o The appellant refused to accept the summons, and was arrested after attempting to strike an officer. He brought proceedings for assault and trespass. ISSUE: o The issue for determination is simply whether a police officer who is charged with the duty of serving a summons is authorised, without the consent of the person in possession or entitled to possession of land and without any implied leave or licence, to go upon the land in order to serve the summons. HELD: o Not authorised by common law to serve summons without consent. o There was no implied statutory authority as the exclusive possession has higher priority than serving a summons. o
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This note was uploaded on 09/27/2011 for the course FINANCE 1001 taught by Professor Profassorted during the Three '11 term at University of Adelaide.

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Law of Torts II CASES – Trespass to Land (Lecture 5)

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