Tort; trespass; withdrawal of occupier's consent to entry.
Facts: Plenty, the owner and occupier of a small farm, expressly forbade Dillon, a constable, from entering his land. Dillon wanted to enter the land to serve some legal documents on Plenty.
Issue: Did Plenty have the right, in these circumstances, to forbid entry onto his land by Dillon?
Decision: Although there are some exceptions to an owner's right to withdraw consent to a policeman entering onto their property, depending on the nature of the documents being served, in the present case Plenty had the right to forbid entry onto his land by Dillon.
Reason: Gaudron and McHugh JJ said (at 647):
"A person who enters the property of another must justify that entry by showing that he or she either entered with the consent of the occupier or otherwise had lawful authority to enter the premises ... In Robson v Hallett [1967] 2 QB 939 at 951, Lord Parker CJ said: 'The occupier of any dwelling-house gives implied licence to any member of the public coming on his lawful business to come through the gate, up the steps, and knock on the door of the house.' This implied licence extends to the driveway of a dwelling house: Halliday [Halliday v Nevill (1984) 155 CLR 1]. However, the licence may be withdrawn by giving notice of its withdrawal. A person who enters or remains on property after the withdrawal of the licence is a trespasser."