2020 Cases

• Development of new suburb in a capital city: advise developer as to the true construction of development consents stipulating for the provision of easements. **

• DCNSW Proceedings 2020/208291 – Dispute as to whether moneys owing for sale of certain chattels; defence based on estoppel.

• Proceedings in the SC of NSW and the ACT: Appeared at mediation of a NSW Supreme Court dispute between partners involved in a construction company; drafted pleadings that one party had become the agent for sale of the shares of the other, owed fiduciary duties and breached them. Claim by one party to an equitable interest in a property purchased by the other and used in the business – Successfully mediated before final hearing.

• NSWSC proceedings [No. 2019/316427] against a director of a company in liquidation. Settled pleadings and affidavits as to breaches of director’s duties including uncommercial transactions – successfully mediated before final hearing.

• Submissions to the Registrar General on behalf of dominant owner of property, which benefited from an easement for access over neighbour; Successfully opposing an application for removal of the easement by reason of abandonment. Neighbours / servient owner made administrative application that the easement be removed from the register on the basis of obsolescence/abandonment. **

• Advice as to the true construction of an easement for access benefitting substantial rural property. **

• Advice on whether an easement for access to a substantial estate could be removed on Sec 89 Conveyancing Act grounds e.g. obsolescence. **

• Draft pleadings in a NSWSC claiming that there is an easement by estoppel in respect of substantial adjoining properties, alternatively, a claim for an easement for carriageway pursuant to Sec 88 K Conveyancing Act. **

• Advise owner of servient property, over which runs an easement for access, canvassing whether the easement could be removed pursuant to Sec 89 Conveyancing Act by reason of abandonment; and if not, what rights the dominant and servient owners enjoy e.g. as to re-forming its surface; its daily use and what would constitute actionable interference/ nuisance. **

• Advise owners of a shopping centre, in circumstances where an easement benefitting the land is to be resumed. **


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