Moorebank Recyclers Pty Ltd v Liverpool City Council (No 3) [2013] NSWLEC 95

Moorebank Recyclers Pty Ltd v Liverpool City Council (No 3) [2013] NSWLEC 95

Because the parties' experts had agreed on Ramps C as the preferred access ramps and Council consented to the modest enlargement of the easement area with agreed increased compensation, the Court made consequential orders and noted undertakings designed to grant the s 88K easements on terms, secure registration and restraint arrangements pending Tanlane's easement, require good faith negotiations about additional embankment costs, and coordinate the parties' planning approval and construction activities.

Jurisdiction
Australia
Judgment Date
08 July 2013
Procedural Posture
Class 3 Application for Easements Under S 88 K of the Conveyancing Act 1919 / Consequential Orders as to the Form of Final Orders and Undertakings Following Earlier Reasons for Judgment
Outcome
Orders made and undertakings noted set out in the attachment to the judgment.
Legal Topics
['easements Under S 88 K of the Conveyancing Act 1919' 'access Ramps' 'part 3 a Approval' 'part 4 Development Consent' 'consequential Orders and Undertakings']
['real Property' 'planning and Environment'] ['easements Under S 88 K of the Conveyancing Act 1919' 'access Ramps' 'part 3 a Approval' 'part 4 Development Consent' 'consequential Orders and Undertakings']

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Procedural Posture

Class 3 Application for Easements Under S 88 K of the Conveyancing Act 1919 / Consequential Orders as to the Form of Final Orders and Undertakings Following Earlier Reasons for Judgment

Legal Issues

  1. 1 ['What final orders and undertakings should be made after the Court decided to grant the easements sought by Moorebank under s 88K of the Conveyancing Act 1919.' 'Whether the easement area and compensation should be adjusted to accommodate the agreed Ramps C design.' "How to coordinate Moorebank's easements, Tanlane's easement, Tanlane's development consent, and any Part 3A approval sought by Moorebank."]

Ratio Decidendi

Because the parties' experts had agreed on Ramps C as the preferred access ramps and Council consented to the modest enlargement of the easement area with agreed increased compensation, the Court made consequential orders and noted undertakings designed to grant the s 88K easements on terms, secure registration and restraint arrangements pending Tanlane's easement, require good faith negotiations about additional embankment costs, and coordinate the parties' planning approval and construction activities.

Court Disposition

Orders made and undertakings noted set out in the attachment to the judgment.

Orders

  • ['Orders made under s 88K of the Conveyancing Act 1919 granting the easements sought by Moorebank on terms.' 'The easement area was to be modestly enlarged to accommodate Ramps C, with compensation payable by Moorebank to Council increased to $28,575.' 'Moorebank and Tanlane were ordered to negotiate in good faith...