Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16:
1. WARD P and STERN JA: This appeal involves a challenge to the determination in favour of the first respondent (Mr Kenneth Smith) of an adverse possession claim in respect of land in the Central Coast (part of Lot 41 of Deposited Plan 1003436) which was purchased by the appellants (Mr David Evans and Mrs Carolyn Evans) in June 1989 (see Smith v Central Coast Council [2024] NSWSC 981, the primary judgment).
2. The land in question (the contentious land) is the bulk of the land from what was referred to as the "Paper Road" (or "Unformed Road") to Brush Creek Road (as we explain in due course).
3. The primary judge noted (at [16]...