Lees v The Owners Strata Plan 52751 [2018] NSWLEC 1053

Orders were made by consent of the parties after a conciliation conference, pursuant to s 34(3) of the Land and Environment Court Act 1979, without any merit assessment by the Court.

Parties: Applicant: Tim Lees; Respondent 1: The Owners Strata Plan 52751; Respondent 2: Somasunderam Muralitharan; Respondent 3: Chrishathi Sasikala Muralitharan
Jurisdiction: Australia
Judgment Date: 09 February 2018
Procedural Posture: Application for Easement (class 3) / Final Consent Orders After Conciliation Conference
Outcome: Proceedings disposed of by consent orders under s 34(3) of the Land and Environment Court Act 1979
Legal Topics: Easements, Conciliation Conference, Orders by Consent

Property Law Easements Conciliation Conference Orders by Consent

Case Brief

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Parties

Tim Lees

Applicant

The Owners Strata Plan 52751

Respondent 1

Somasunderam Muralitharan

Respondent 2

Chrishathi Sasikala Muralitharan

Respondent 3

Procedural Posture

Application for Easement (class 3) / Final Consent Orders After Conciliation Conference

Legal Issues

1 Whether an easement for drainage should be granted as applied for by the applicant
2 Whether compensation should be paid for the easement

Ratio Decidendi

Orders were made by consent of the parties after a conciliation conference, pursuant to s 34(3) of the Land and Environment Court Act 1979, without any merit assessment by the Court.

Court Disposition

Proceedings disposed of by consent orders under s 34(3) of the Land and Environment Court Act 1979

Orders

Easement granted in accordance with the Class 3 Application filed on 8 May 2017, as per the plan of easement in Annexure A.
Terms of the easement to be in accordance with Annexure B attached to the agreement.