Devereaux v Kyriazis [2020] NSWLEC 1048

Devereaux v Kyriazis [2020] NSWLEC 1048

Court satisfied of agent authority and consent; orders for removal of identified encroachments as per agreement; reservation of costs for later determination.

Parties
First Applicant: Christopher Devereaux; Second Applicant: Bailan Devereaux; First Respondent: Dimitrios Kyriazis; Second Respondent: Sofia Kyriazis
Jurisdiction
Australia
Judgment Date
04 February 2020
Procedural Posture
Application Pursuant to Encroachment of Buildings Act / Final Orders and Reservation of Costs
Outcome
Orders made for removal of encroachments and reservation of costs; leave granted for agent appearance.
Legal Topics
Encroachment of Buildings, Removal of Encroachments, Agent Representation, Costs Reservation
Property Law Encroachment of Buildings Removal of Encroachments Agent Representation Costs Reservation

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Parties

Christopher Devereaux

First Applicant

Bailan Devereaux

Second Applicant

Dimitrios Kyriazis

First Respondent

Sofia Kyriazis

Second Respondent

Procedural Posture

Application Pursuant to Encroachment of Buildings Act / Final Orders and Reservation of Costs

Legal Issues

  1. 1 Whether encroachments identified in the survey report must be removed from Applicants' property
  2. 2 Appropriateness of Respondents' agent representation
  3. 3 Reservation of costs and future determination

Ratio Decidendi

Court satisfied of agent authority and consent; orders for removal of identified encroachments as per agreement; reservation of costs for later determination.

Court Disposition

Orders made for removal of encroachments and reservation of costs; leave granted for agent appearance.

Orders

  • Grant leave to Mr Tony Kyriazis to appear for the Respondents.
  • Order the Respondents to remove the encroachment of the shed as identified in pink highlight in the survey report of C&A Surveyors dated 3 June 2019 by 21 February 2020.