CASTLES v STOCKTON [1989] NSWCA 33

CASTLES v STOCKTON [1989] NSWCA 33

On the evidence before the Court, particularly the unchallenged affidavit of Mr Crane, the surveyor's actions in determining the boundary line pursuant to the settlement agreement constituted proper compliance with the requirement to 'plot' the boundary, and no grounds were shown for re-appointment of a new surveyor or setting aside the consent orders.

Parties
Appellant: Castles; Respondent: Stockton
Jurisdiction
Australia
Judgment Date
04 August 1989
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Boundary Disputes, Settlement Agreements, Interpretation of Terms, Surveying Practice
Property Law Boundary Disputes Settlement Agreements Interpretation of Terms Surveying Practice

Case Brief

Summary, issues, holding and outcome

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Parties

Castles

Appellant

Stockton

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the independent surveyor complied with the terms of settlement in plotting the boundary line.
  2. 2 Interpretation of the term 'plot' in the context of the settlement agreement.

Ratio Decidendi

On the evidence before the Court, particularly the unchallenged affidavit of Mr Crane, the surveyor's actions in determining the boundary line pursuant to the settlement agreement constituted proper compliance with the requirement to 'plot' the boundary, and no grounds were shown for re-appointment of a new surveyor or setting aside the consent orders.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.