Rainbowforce Pty Limited v Skyton Holdings Pty Limited & Ors (No 2) [2010] NSWLEC 53

Rainbowforce Pty Limited v Skyton Holdings Pty Limited & Ors (No 2) [2010] NSWLEC 53

The provision concerning the construction commencement notice is to be included as part of the court's orders rather than the s 88B instrument, as this provides sufficient enforceability and flexibility. The route of the easement is to be as proposed by Rainbowforce (through the middle of lot 3), consistent with the relevant DCPs and development consent conditions, and not the alternative route proposed by Skyton.

Jurisdiction
Australia
Judgment Date
10 March 2010
Procedural Posture
Application for Imposition of Easement / Post Judgment Resolution of Disputed Terms and Orders
Outcome
Orders to be made in accordance with the rulings; matter adjourned for finalisation of orders and instruments.
Legal Topics
['easements' 'court Imposed Easements' 's 88 B Conveyancing Act' 'construction Commencement Notice' 'route of Easement' 'modification of Development Consent']
['property Law' 'planning and Environment Law'] ['easements' 'court Imposed Easements' 's 88 B Conveyancing Act' 'construction Commencement Notice' 'route of Easement' 'modification of Development Consent']

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Procedural Posture

Application for Imposition of Easement / Post Judgment Resolution of Disputed Terms and Orders

Legal Issues

  1. 1 ['Whether a provision relating to a construction commencement notice should be included in the s 88B instrument or in the orders of the court' "Whether the route of the easement should follow the applicant's proposal or the respondents' alternative proposal"]

Ratio Decidendi

The provision concerning the construction commencement notice is to be included as part of the court's orders rather than the s 88B instrument, as this provides sufficient enforceability and flexibility. The route of the easement is to be as proposed by Rainbowforce (through the middle of lot 3), consistent with the relevant DCPs and development consent conditions, and not the alternative route proposed by Skyton.

Court Disposition

Orders to be made in accordance with the rulings; matter adjourned for finalisation of orders and instruments.

Orders

  • ['Provision re construction commencement notice to be inserted in court orders, not s 88B instrument.' 'Easement to be imposed along the route proposed by Rainbowforce (through the middle of lot 3).' 'Rainbowforce to finalise orders, s 88B instrument and plan in accordance with the judgment; matter adjourned for...