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The Court held the easement did not authorise use of the carriageway solely as a turning area and extinguished any benefit to Lot 54 under s 89(1)(c).
Pike J fixed Birchgrove Legal’s subpoena compliance costs at $9,110 and ordered each side to bear its own costs of the motion over access to subpoenaed documents.
The Court allowed discontinuance against two defendants after supervening events made the property-based claims untenable, and declined to order costs against the plaintiff.
The Court made declarations about a lot owner’s exclusive-use rights under strata by-laws and held s 138 of the Real Property Act could support ancillary correction orders.
The court allowed the third defendant time to file a defence and cross-claim, accepted her delay was explained by translation needs, and adjourned the default judgment application.
Costs determination after dismissal of an interlocutory restraint application. The plaintiff was ordered to pay the defendant’s and the Sadek Parties’ costs.
The Court dismissed Clifffall’s claim that a newly built walkway blocked its access to adjoining land, finding s 6 of the Roads Act was not an absolute right.
The Court apportioned costs 80/20 after a mixed outcome, rejecting indemnity costs from an offer of compromise that did not attract r 42.15.
Tribunal review of real estate disciplinary action. Ground 1 on knowledge of tenancy law failed, but Ground 2 was made out. The disciplinary decision was affirmed.
The Court of Appeal dismissed Mr Rahman’s stay application, holding some relief was futile or unavailable and that the trustees were necessary parties not joined.
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