Whillas v Bradfield [2015] NSWLEC 91

Whillas v Bradfield [2015] NSWLEC 91

Although inadequate evidence for the alternative s 88K claim was not a sound reason to vacate the hearing dates, the new April 2015 Crown Lands procedures created a real possibility that Whillas could purchase or obtain an easement over the Crown road, which could provide access to Rosebank Road and terminate both proceedings; in those unusual circumstances, and with the parties' consent, it was appropriate to vacate the hearing dates.

Jurisdiction
Australia
Judgment Date
02 June 2015
Procedural Posture
Class 4 Proceedings / Respondents' Notice of Motion to Vacate Hearing Dates, Resolved by Consent Orders
Outcome
Hearing dates vacated by consent; proceedings stood over for directions; ancillary directions made; costs reserved.
Legal Topics
['motion to Vacate Hearing Dates' 'right of Carriageway' 'easement Over Crown Road' 'conveyancing Act 1919 S 88 K']
['practice and Procedure' 'property Law'] ['motion to Vacate Hearing Dates' 'right of Carriageway' 'easement Over Crown Road' 'conveyancing Act 1919 S 88 K']

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Procedural Posture

Class 4 Proceedings / Respondents' Notice of Motion to Vacate Hearing Dates, Resolved by Consent Orders

Legal Issues

  1. 1 ['Whether the hearing dates of 9 and 10 June 2015 should be vacated.' 'Whether the applicant should be given an opportunity to apply to purchase or obtain an easement over the remainder of a Crown road under the April 2015 Purchasing Crown Roads procedures.']

Ratio Decidendi

Although inadequate evidence for the alternative s 88K claim was not a sound reason to vacate the hearing dates, the new April 2015 Crown Lands procedures created a real possibility that Whillas could purchase or obtain an easement over the Crown road, which could provide access to Rosebank Road and terminate both proceedings; in those unusual circumstances, and with the parties' consent, it was appropriate to vacate the hearing dates.

Court Disposition

Hearing dates vacated by consent; proceedings stood over for directions; ancillary directions made; costs reserved.

Orders

  • ['The hearing dates of 9 and 10 June 2015 for these proceedings and proceedings 40708 of 2012 are vacated.' 'Both proceedings are stood over for directions before the list judge on 4 September 2015.' "The applicant is to write to the neighbouring land owners in relation to the applicant's proposal to either purchase...