Pasade Holdings v Sydney City Council [2003] NSWSC 584

Pasade Holdings v Sydney City Council [2003] NSWSC 584

The Court was satisfied that the circumstances in relation to the 12 foot strip were materially the same as those in the earlier application concerning the 8 foot strip; there was no opposition and the statutory requirements under s.88K of the Conveyancing Act 1919 were met. Therefore, the easement for light and air was granted as claimed in the amended summons.

Parties
Plaintiff: Pasade Holdings Pty Ltd; First Defendant: Council of the City of Sydney; Second Defendant: Graham William Byrne; Third Defendant: Peter Sidney Emery; Fourth Defendant: Brian Bradley; Fifth Defendant: The Owners of Strata Plan 61233; Sixth Defendant: John Anthony Arcidiacono; Seventh Defendant: Anna Maria Arcidiacono
Jurisdiction
Australia
Judgment Date
27 June 2003
Procedural Posture
Application for Easement / Judgment After Hearing Amended Summons
Outcome
Easement for light and air granted under s.88K Conveyancing Act 1919 as claimed in Amended Summons
Legal Topics
Easements, Creation of Easements Under S.88 K of Conveyancing Act, Light and Air Easements
Property Law Equity Easements Creation of Easements Under S.88 K of Conveyancing Act Light and Air Easements

Case Brief

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Parties

Pasade Holdings Pty Ltd

Plaintiff

Council of the City of Sydney

First Defendant

Graham William Byrne

Second Defendant

Peter Sidney Emery

Third Defendant

Brian Bradley

Fourth Defendant

The Owners of Strata Plan 61233

Fifth Defendant

John Anthony Arcidiacono

Sixth Defendant

Anna Maria Arcidiacono

Seventh Defendant

Procedural Posture

Application for Easement / Judgment After Hearing Amended Summons

Legal Issues

  1. 1 Whether the plaintiff should be granted an easement for light and air over a strip of land under s.88K of the Conveyancing Act 1919

Ratio Decidendi

The Court was satisfied that the circumstances in relation to the 12 foot strip were materially the same as those in the earlier application concerning the 8 foot strip; there was no opposition and the statutory requirements under s.88K of the Conveyancing Act 1919 were met. Therefore, the easement for light and air was granted as claimed in the amended summons.

Court Disposition

Easement for light and air granted under s.88K Conveyancing Act 1919 as claimed in Amended Summons

Orders

  • Order in terms of Claim 1A in the Amended Summons of 27 June 2003