Black v Apps [2005] NSWSC 943

Black v Apps [2005] NSWSC 943

The encroachments caused by the two electricity power poles and the retaining wall are trifling and have no practical effect upon the plaintiffs, warranting the refusal of relief in the Court’s discretion under s 3(3) of the Encroachment of Buildings Act 1922.

Jurisdiction
Australia
Judgment Date
20 September 2005
Procedural Posture
Civil / Judgment
Outcome
Summons and cross-claim dismissed; specific costs orders made.
Legal Topics
['encroachment' 'boundary Disputes' 'dividing Fences' 'trespass']
['property Law'] ['encroachment' 'boundary Disputes' 'dividing Fences' 'trespass']

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether the encroachments by two electricity power poles and a retaining wall justify relief under the Encroachment of Buildings Act 1922' 'Whether the plaintiffs are entitled to damages or injunctive relief for alleged trespass and interference with drainage']

Ratio Decidendi

The encroachments caused by the two electricity power poles and the retaining wall are trifling and have no practical effect upon the plaintiffs, warranting the refusal of relief in the Court’s discretion under s 3(3) of the Encroachment of Buildings Act 1922.

Court Disposition

Summons and cross-claim dismissed; specific costs orders made.

Orders

  • ['Summons dismissed.' 'Cross-claim dismissed.' "Plaintiffs to pay half of defendants' costs of Summons." 'No order as to costs of cross-claim.']