Hopkins v Quinn [2018] NSWLEC 117

Hopkins v Quinn [2018] NSWLEC 117

Although unauthorised minor encroachments (40-60 mm) of drainage pipe onto adjoining property occurred, no functional or environmental impact was proven, the incursion was trifling, and requiring rectification would be disproportionate and contrary to sustainable development principles. Applicant was not the property owner and no valid ongoing grievance justified relief after technical certificate of compliance. Proceedings dismissed and tailored costs orders indicated.

Jurisdiction
Australia
Judgment Date
08 August 2018
Procedural Posture
Class 4 Civil Enforcement Proceedings / Final Judgment
Outcome
Summons dismissed
Legal Topics
['open Standing Provisions' 'development Consent' 'drainage Works' 'encroachment' 'civil Enforcement' 'costs Orders']
['environmental Law' 'planning Law' 'property Law'] ['open Standing Provisions' 'development Consent' 'drainage Works' 'encroachment' 'civil Enforcement' 'costs Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 4 Civil Enforcement Proceedings / Final Judgment

Legal Issues

  1. 1 ['Whether drainage works constituted unauthorised incursion onto adjoining property' 'Whether rectification/removal of the incursion should be ordered' "Appropriate exercise of Court's discretion under s 123 of Environmental Planning and Assessment Act 1979" 'Appropriate costs orders given timing of technical resolution']

Ratio Decidendi

Although unauthorised minor encroachments (40-60 mm) of drainage pipe onto adjoining property occurred, no functional or environmental impact was proven, the incursion was trifling, and requiring rectification would be disproportionate and contrary to sustainable development principles. Applicant was not the property owner and no valid ongoing grievance justified relief after technical certificate of compliance. Proceedings dismissed and tailored costs orders indicated.

Court Disposition

Summons dismissed

Orders

  • ['The Summons is dismissed.' "Unless a party notifies the Associate by 4.30 pm on Wednesday 5 September 2018 that some other order for costs is proposed, the Respondents are to pay the Applicant's costs up to and including 26 April 2018, as agreed or assessed, and, from 27 April 2018, the Applicant is to pay the...