2021 Cases

• NSW District Court Proceedings No. 2020/206191 – Mediation – Appointed as mediator in relation to professional negligence claim against mortgage broker etc.

• NSW Supreme Court Equity Division, Real Property List Proceedings No. 2021/268328 – Application for a statutory easement under section 88K Conveyancing Act.**

• NSW Supreme Court Equity Division Proceedings No. 2020/365402 – Ianni Family Pty Ltd v Bell and Dzubiel – Application for an easement under section 88K Conveyancing Act (NSW).**

• NSW Supreme Court Proceedings No. 2020/44220 – Johnstons v Page – Matter as to whether an easement for right of way ought to be extinguished or amended.**

• Land and Environment Court No. 2021/95074 – Korlevic and Ors v Tynan – Class 3 Proceedings, under the Encroachment of Buildings Act 1922, seeking an easement in respect of part of a building constructed on neighbouring land.**

• NSW District Court Proceedings No. 2020/208291 – Alliance Motor Auctions Pty Limited v Friendlee Autos Pty Ltd & Lee William Friend – Action for monies owing by reason of sale of chattels. Defence based on estoppel

G v L – Application to the Registrar General regarding the removal by him of an easement and seeking that he exercises his powers of review so that the easement may be reinstated (as the matter is not in the public domain, names of the parties are confidential).**

• NSWSC Proceedings No. 2021/108534 – Di Maria v Di Maria – Application for appointment of a trustee for sale pursuant to Sec 66G Conveyancing Act.

• NSW District Court Proceedings 2021/177896 – Claim for damages for trespass by crane swing; and associated application for an Access order under the Access to Neighbouring Land Act, in Local Court Proceedings 2021/159495.

• NSWDC Proceedings 2021/135191 – Claim by builder for variations alternatively upon a quantum meruit/restitution for unjust enrichment.

Easements and Covenants – various advices covering**:

(i) the true construction of a covenant contained within an easement and whether the consent of the dominant owner can be capriciously withheld.

(ii) Sec 88 K Conveyancing Act – whether easement reasonably necessary.

(iii) Easement by long user / prescription & the differing principles relevant to Torrens and Old System / Common Law title.

(iv) where dominant land consolidated with other land

(v) whether the owners of the servient land, over which there was an easement in gross for drainage of water, were entitled to develop their land above that drainage easement and if so, at what height.

[N.B. Easement/Covenant cases and advices are marked with **]