Case Note: Whittlesea City Council v Abbatangelo (2009) ALR 56

Task

You are to create a case note of the required property law judgment in your own words.  This is a precedent case on Adverse Possession, which you will cover in Topic 3.

Locate, read, and view:

1. The judgment of Whittlesea City Council v Abbatangelo(2009) ALR 56.  The case summary in the prescribed and recommended readings is insufficient for this task. You will need to read the whole judgement.  (attached)

2. “The Case Note Schema”, noting what is required for each component (pages 89-91 of

Paula Baron and Lillian Corbin, Legal Writing Academic and Professional

Communication (Oxford University Press, 2016)

3. To assist you in discerning ratio decidendi and obiter dicta, you may also find this

short video helpful.

You are to create a case note of the required property law judgment in your own words. Please note the word counts for each section are a guide only. Your case note should comprise the following sections (based on the Baron and Corbin Schema):

1. Citation (citing the most appropriate citation in accordance with AGLC4)
2. A brief summary of the facts material to the dispute(300 words)
3. The procedural history (200 words)
4. The legal issues for determination in the judgment(250 words)
5. Brief summary of the legal arguments made by each party in the appeal(400 words)
6. The Court of Appeal's decision (50 words)
7. Ratio decidendi (the legal rule the case stands for)(approx  75 words)
8. Obiter Dicta (approx 75 words)
9. Evaluation of the judgment (550 words)

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