Swann v Spiropoulos; Von Der Heyde v Spiropoulos [2006] NSWSC 461

Swann v Spiropoulos; Von Der Heyde v Spiropoulos [2006] NSWSC 461

Because it did not appear to be an effective use of resources for the Court to travel to Mullumbimby to view the land, but a view is often useful in easement cases, a video or DVD showing relevant physical features was an appropriate alternative, with directions ensuring cooperation by represented parties and an opportunity for the unrepresented third defendant to participate.

Jurisdiction
Australia
Judgment Date
18 May 2006
Procedural Posture
Application Under Section 88 K Conveyancing Act 1919 for the Grant of a Particular Right of Way / Directions
Outcome
Directions given
Legal Topics
['miscellaneous Procedural Matters' 'easements' 'out of Court Inspection' 'production of Video or DVD of Land']
['procedure' 'real Property'] ['miscellaneous Procedural Matters' 'easements' 'out of Court Inspection' 'production of Video or DVD of Land']

Case Brief

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Procedural Posture

Application Under Section 88 K Conveyancing Act 1919 for the Grant of a Particular Right of Way / Directions

Legal Issues

  1. 1 ['Whether directions should be made for production of a video or DVD showing relevant physical features of the land as an alternative to the Court travelling to view the land' 'How to give the unrepresented third defendant an opportunity to participate in the production of the video or DVD']

Ratio Decidendi

Because it did not appear to be an effective use of resources for the Court to travel to Mullumbimby to view the land, but a view is often useful in easement cases, a video or DVD showing relevant physical features was an appropriate alternative, with directions ensuring cooperation by represented parties and an opportunity for the unrepresented third defendant to participate.

Court Disposition

Directions given

Orders

  • ['The legal advisers of those parties that have solicitors on the record are directed to confer and cause to be produced, on or before 14 July 2006, a video or DVD showing those physical features of the land and its surroundings which any such party would have wished to point out if a view had occurred, and to...