Hopkins v Quinn (No 3) [2017] NSWLEC 101

Hopkins v Quinn (No 3) [2017] NSWLEC 101

The Court determined appropriate wording for dispositive orders, balancing competing proposals regarding the supervision and certification of remedial works, compensation for easement, and costs, adopting most of the applicant's versions except for the payment clause, and confirming costs should generally follow the event.

Jurisdiction
Australia
Judgment Date
17 August 2017
Procedural Posture
Class 4 (land and Environment Court) / Final Determination and Orders Following Prior Merits, Reopening, and Costs Decisions
Outcome
Orders made for remedial works, easement registration, payment of compensation, supervision/certification, timeframes, ongoing maintenance, and apportioning of costs as outlined.
Legal Topics
['encroachment' 'compensation' 'easements' 'costs' 'development Consent' 'remedial Works']
['planning and Environment'] ['encroachment' 'compensation' 'easements' 'costs' 'development Consent' 'remedial Works']

Case Brief

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Procedural Posture

Class 4 (land and Environment Court) / Final Determination and Orders Following Prior Merits, Reopening, and Costs Decisions

Legal Issues

  1. 1 ['Appropriate dispositive orders for the principal proceedings' 'Terms and conditions for remedial works and easement' 'Compensation for easement due to encroachment' 'Supervision and certification of remedial works' 'Payment and timeframes for remedial works supervision/certification' 'Allocation of post-merits and follow-on costs']

Ratio Decidendi

The Court determined appropriate wording for dispositive orders, balancing competing proposals regarding the supervision and certification of remedial works, compensation for easement, and costs, adopting most of the applicant's versions except for the payment clause, and confirming costs should generally follow the event.

Court Disposition

Orders made for remedial works, easement registration, payment of compensation, supervision/certification, timeframes, ongoing maintenance, and apportioning of costs as outlined.

Orders

  • ['Orders made by Craig J on 14 December 2015 are discharged.' 'Declaration of breach of conditions 2 and 3(a) of development consent for DA2014/1321 issued by Warringah Council.' 'Sandbagging installation and maintenance ordered.' 'Preparation and registration of easement in favour of the respondents, approved by...