Reeves v Young

Why this case matters

Reeves v Young is important because it addresses Can conduct give rise to estoppel concerning the selected third surveyor, and what costs follow?. The recorded decision is that the court considered the parties' prior conduct and reliance in determining the challenge. In practice, the case is relevant because procedural objections should be made promptly, not after participating on a contrary basis.

What happened

Dispute concerned selection of the third surveyor and later attempts to challenge that selection.

The practical significance of the background is that the court's conclusion must be read against the particular procedural and factual setting recorded above. A party wall authority should not be treated as deciding a wider proposition merely because similar terminology appears in another dispute.

Question before the court

Can conduct give rise to estoppel concerning the selected third surveyor, and what costs follow?

This is the issue around which the case should be read. In applying the decision, separate that legal question from other factual disagreements between the owners and from matters the court was not required to determine.

Decision

The court considered the parties' prior conduct and reliance in determining the challenge.

The decision should therefore be used for the proposition actually resolved by the court, rather than as a general answer to every dispute involving the same section of the Act.

What it means in practice

Procedural objections should be made promptly, not after participating on a contrary basis.

For surveyors, the useful discipline is to identify the statutory power or duty relied upon, establish that the factual preconditions are present, and then ask whether the proposed step is necessary and supported in this particular case.

What the case does not decide

This summary should not be read as extending the decision beyond the question identified above. It does not, without more, establish that the same result follows where the notices, appointments, works, evidence or procedural history are materially different. Check the full judgment and later authorities before treating the case as determinative of a new set of facts.

Building-owner lesson

Record the third-surveyor selection clearly.

Adjoining-owner lesson

Raise any genuine objection to selection immediately.

Surveyor lesson

Keep written evidence of selection and acceptance.

Questions to ask before relying on this case

• Is the legal question in the present matter actually the same as the question decided here?
• Are the statutory notices, appointments and jurisdictional steps materially the same?
• Are there factual differences that could justify a different result?
• Has a later or higher authority qualified, distinguished or displaced the proposition?
• Is the proposed reliance correct, necessary and supported in this particular case?

Key passages / points

Persuasive/unreported.

Related cases

Patel v Peters; Property Supply v Verity