Preston v Baker [2020] NSWLEC 1038

Preston v Baker [2020] NSWLEC 1038

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Court was satisfied that creation of the easement and payment of compensation were orders it could make under s 3(2) of the Encroachment of Buildings Act, the proceedings were disposed of in accordance with the agreed decision. The lot number in order 1 was corrected under r 36.17 of the Uniform Civil Procedure Rules 2005 as an accidental slip or omission.

Jurisdiction
Australia
Judgment Date
23 January 2020
Procedural Posture
Class 3 Application Pursuant to the Encroachment of Buildings Act 1922 / Orders Made Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979, With Reasons and Correction Order
Outcome
Orders made by agreement at conciliation conference, with reasons given and order 1 corrected to refer to Lot 223 DP1102893.
Legal Topics
['encroachment' 'easement for Support' 'conciliation Conference' 'compensation' 'correction of Orders']
['property Law' 'land and Environment'] ['encroachment' 'easement for Support' 'conciliation Conference' 'compensation' 'correction of Orders']

Case Brief

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Procedural Posture

Class 3 Application Pursuant to the Encroachment of Buildings Act 1922 / Orders Made Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979, With Reasons and Correction Order

Legal Issues

  1. 1 ["Whether agreed orders should be made for the creation of an easement for support over the applicants' land in favour of the respondents' land to address encroaching retaining wall footings." "Whether compensation and costs orders should be made in accordance with the parties' agreement." 'Whether order 1 should be corrected to change the lot number from Lot 233 DP1102893 to Lot 223 DP1102893.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Court was satisfied that creation of the easement and payment of compensation were orders it could make under s 3(2) of the Encroachment of Buildings Act, the proceedings were disposed of in accordance with the agreed decision. The lot number in order 1 was corrected under r 36.17 of the Uniform Civil Procedure Rules 2005 as an accidental slip or omission.

Court Disposition

Orders made by agreement at conciliation conference, with reasons given and order 1 corrected to refer to Lot 223 DP1102893.

Orders

  • ['The reference to Lot 233 DP1102893 in order 1 made on 20 January 2020 be corrected to refer to Lot 223 DP1102893.' 'An easement for support 0.4 wide is granted in favour of Lot 335 DP869069 known as 48 Thompson Road, Speers Point over Lot 223 DP1102893 known as 48A Thompson Road, Speers Point in accordance with...