Bryant v Crompton (No 2) [2024] NSWSC 586

Bryant v Crompton (No 2) [2024] NSWSC 586

The defendants’ conduct made the proceedings more expensive and unnecessarily protracted, but not to the level where plaintiff should be awarded costs; therefore, departing from the usual order under s 88K(5), there will be no order as to costs and each party bear their own costs, except for costs relating to hearing on terms of the easement and amended notice of motion.

Parties
Plaintiff: Christopher John Bryant; First Defendant: Nicholas Anthony Crompton; Second Defendant: Keryn Michelle Denichilo-Harrison; Third Defendant: Registrar-General
Jurisdiction
Australia
Judgment Date
08 May 2024
Procedural Posture
Equity Real Property List / Post Easement Grant, Determination of Easement Terms and Costs
Outcome
Easement imposed, no order as to costs generally, specific costs as ordered, directions for compensation valuation and further case management.
Legal Topics
Easements, Creation by Court Order, Costs of S 88 K Proceedings
Land Law Easements Creation by Court Order Costs of S 88 K Proceedings

Case Brief

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Parties

Christopher John Bryant

Plaintiff

Nicholas Anthony Crompton

First Defendant

Keryn Michelle Denichilo-Harrison

Second Defendant

Registrar-General

Third Defendant

Procedural Posture

Equity Real Property List / Post Easement Grant, Determination of Easement Terms and Costs

Legal Issues

  1. 1 What terms should attach to a court-ordered easement under s 88K Conveyancing Act 1919 (NSW)?
  2. 2 Should the usual costs order under s 88K(5) be departed from on account of unreasonable conduct by defendants?

Ratio Decidendi

The defendants’ conduct made the proceedings more expensive and unnecessarily protracted, but not to the level where plaintiff should be awarded costs; therefore, departing from the usual order under s 88K(5), there will be no order as to costs and each party bear their own costs, except for costs relating to hearing on terms of the easement and amended notice of motion.

Court Disposition

Easement imposed, no order as to costs generally, specific costs as ordered, directions for compensation valuation and further case management.

Orders

  • Pursuant to s 88K Conveyancing Act 1919 (NSW), a right of carriageway easement is imposed burdening first and second defendants' land (Lot 69 in DP 751077) and benefitting Lot 101 in DP 751077, as per annexed plan and terms.
  • No order as to costs of the proceedings, except for hearing on terms of easement and costs and prior order relating to Plaintiff's amended notice of motion filed 13 November 2023.