Quinn v Stevens [2021] NSWLEC 1361

Quinn v Stevens [2021] NSWLEC 1361

Because the applicant commenced proceedings within the relevant statutory jurisdiction, the parties reached agreement for the grant and registration of an easement and payment of monies, and the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' agreed orders.

Jurisdiction
Australia
Judgment Date
02 July 2021
Procedural Posture
Class 3 Proceedings Seeking Relief Under the Encroachment of Buildings Act 1922 in Relation to a Common Party Wall / Orders Made Following a Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Orders made in accordance with the parties' agreement; all other claims dismissed with each party to pay their own costs.
Legal Topics
['encroachment of Buildings' 'vertical Extension of Cross Easement for Support of Common Party Wall' 'conciliation Conference' 'agreed Orders' 'compensation']
['property Law' 'land and Environment Court Procedure'] ['encroachment of Buildings' 'vertical Extension of Cross Easement for Support of Common Party Wall' 'conciliation Conference' 'agreed Orders' 'compensation']

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Procedural Posture

Class 3 Proceedings Seeking Relief Under the Encroachment of Buildings Act 1922 in Relation to a Common Party Wall / Orders Made Following a Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision that the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979" 'Whether the jurisdictional prerequisites for orders resolving the Encroachment of Buildings Act 1922 proceedings were satisfied' 'Whether orders should be made for registration of the vertical extension of the cross-easement for support of the common party wall and payment of compensation']

Ratio Decidendi

Because the applicant commenced proceedings within the relevant statutory jurisdiction, the parties reached agreement for the grant and registration of an easement and payment of monies, and the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' agreed orders.

Court Disposition

Orders made in accordance with the parties' agreement; all other claims dismissed with each party to pay their own costs.

Orders

  • ["As soon as practicable, the applicant is to arrange for and pay all costs incurred up to the amount of $7,000 in relation to the preparation of a Request, the accompanying plan of the site of the easement and attend to all matters and things necessary to register the vertical extension of the cross-easement for...