Laris v Lin (No. 3) [2016] NSWSC 727

Laris v Lin (No. 3) [2016] NSWSC 727

Given the overlap between the Summons and Cross-Summons and minimal additional hearing time on the Summons, the court determined both parties should bear their own costs rather than ordering costs against the plaintiff upon dismissal of the Summons. The declaration regarding fencing was made in accordance with previous findings about the rights bestowed by relevant easements.

Parties
Plaintiff/cross Defendant: George Laris; Defendant/cross Claimant: Chun Hung Lin
Jurisdiction
Australia
Judgment Date
06 June 2016
Procedural Posture
Equity Proceedings Involving Cross Claim and Summons / Final Relief and Costs Determination; Trespass Cross Claim Adjourned for Directions
Outcome
Declaration made regarding fencing and rights under easements; each party to bear own costs; trespass cross-claim adjourned for directions.
Legal Topics
Easements, Fencing Boundaries, Costs, Trespass, Relief Under Conveyancing Act 1919 S 89, Uniform Civil Procedure Rules 2005 R 42.20
Equity Property Law Civil Procedure Easements Fencing Boundaries Costs Trespass Relief Under Conveyancing Act 1919 S 89 +1 more

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Parties

George Laris

Plaintiff/cross Defendant

Chun Hung Lin

Defendant/cross Claimant

Procedural Posture

Equity Proceedings Involving Cross Claim and Summons / Final Relief and Costs Determination; Trespass Cross Claim Adjourned for Directions

Legal Issues

  1. 1 Proper form of declaration regarding fencing of boundary and rights under easements
  2. 2 Appropriate costs order following dismissal of claims
  3. 3 Disposition and management of outstanding trespass cross-claim

Ratio Decidendi

Given the overlap between the Summons and Cross-Summons and minimal additional hearing time on the Summons, the court determined both parties should bear their own costs rather than ordering costs against the plaintiff upon dismissal of the Summons. The declaration regarding fencing was made in accordance with previous findings about the rights bestowed by relevant easements.

Court Disposition

Declaration made regarding fencing and rights under easements; each party to bear own costs; trespass cross-claim adjourned for directions.

Orders

  • Declare that neither the 1997 easement (DP266903) or the 2010 easement (AFS980059S) give the owner of Lot 1 in DP743076 any right to enter or exit Lot 7 in DP14354 through the northern boundary, and that as a consequence the owner of Lot 7 may fence that boundary subject to the rights of the owner of Lot 8 under...
  • Each party is to bear its own costs in these proceedings.