Pasade Holdings Pty Ltd v Council of City of Sydney [2006] NSWSC 299

Pasade Holdings Pty Ltd v Council of City of Sydney [2006] NSWSC 299

The conditions for granting an easement under section 88K Conveyancing Act 1919 were fulfilled: the easements are reasonably necessary for effective use and development of the land; they are not against the public interest; compensation is addressed by an undertaking in case the owner is later found; and all reasonable attempts to find the owner have failed. Therefore, the requested easements are granted.

Parties
Plaintiff/first Cross Defendant: Pasade Holdings Pty Limited; First Defendant/second Cross Defendant: Council of City of Sydney; Second Defendant/third Cross Defendant: Graham William Byrne; Third Defendant/fourth Cross Defendant: Peter Sydney Emery; Fourth Defendant/fifth Cross Defendant: Brian Bradley; Fifth Defendant/sixth Cross Defendant: The Owners of Strata Plan 61233; Seventh Cross Defendant: The Owners of Strata Plan 73850; Sixth Defendant/first Cross Claimant/applicant: John Anthony Arcidiacono; Seventh Defendant/second Cross Claimant/applicant: Anna Maria Arcidiacono
Jurisdiction
Australia
Judgment Date
12 April 2006
Procedural Posture
Equity Proceedings—application for Grant of Easements / Judgment (ex Tempore) Granting Orders for Easements
Outcome
Easements granted
Legal Topics
Easements, Strata Subdivision, Section 88 K Orders
Property Law Equity Easements Strata Subdivision Section 88 K Orders

Case Brief

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Parties

Pasade Holdings Pty Limited

Plaintiff/first Cross Defendant

Council of City of Sydney

First Defendant/second Cross Defendant

Graham William Byrne

Second Defendant/third Cross Defendant

Peter Sydney Emery

Third Defendant/fourth Cross Defendant

Brian Bradley

Fourth Defendant/fifth Cross Defendant

The Owners of Strata Plan 61233

Fifth Defendant/sixth Cross Defendant

The Owners of Strata Plan 73850

Seventh Cross Defendant

John Anthony Arcidiacono

Sixth Defendant/first Cross Claimant/applicant

Anna Maria Arcidiacono

Seventh Defendant/second Cross Claimant/applicant

Procedural Posture

Equity Proceedings—application for Grant of Easements / Judgment (ex Tempore) Granting Orders for Easements

Legal Issues

  1. 1 Whether the requirements for granting an easement under section 88K of the Conveyancing Act 1919 are satisfied
  2. 2 Whether easements over the laneways should be granted where the owner cannot be found

Ratio Decidendi

The conditions for granting an easement under section 88K Conveyancing Act 1919 were fulfilled: the easements are reasonably necessary for effective use and development of the land; they are not against the public interest; compensation is addressed by an undertaking in case the owner is later found; and all reasonable attempts to find the owner have failed. Therefore, the requested easements are granted.

Court Disposition

Easements granted

Orders

  • Orders for granting the easements as sought; minor drafting matters to be attended to; Short Minutes to be brought in