Newton Developments Pty Ltd v Penrith City Council [2020] NSWLEC 1444

Land and Environment Court New South Wales

Medium Neutral Citation: Newton Developments Pty Ltd v Penrith City Council [2020] NSWLEC 1444 Hearing dates: Conciliation conference on 3 July 2020 Date of orders: 22 September 2020 Decision date: 22 September 2020 Jurisdiction: Class 3 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Pursuant to section 40 of the Land and Environment Court Act 1979 (NSW), the Court imposes a 2.5m wide easement for the drainage of water adjoining the entirety of the western boundary of Lot 6 in Deposited Plan 28248 pursuant to the instrument under section 88B of the Conveyancing Act 1919 (NSW) annexed herewith and marked "A". (3) Within 28 days of the making of these orders the Applicant must register the Positive Covenant in the form annexed herewith and marked "B". (4) The Applicant must pay the Respondent compensation for the imposition of the easement pursuant to this agreement in the amount of $35,000. (5) The Applicant must pay the Respondent's legal costs of these proceedings fixed in the amount of $6,000 (including GST) on or within 28 days from the date that this agreement takes effect. (6) The Applicant must pay the Respondent's costs for obtaining an expert valuation report for the purposes of these proceedings fixed in the amount of $2,200 (including GST) on or within 28 days from the date that this agreement takes effect. (7) The Applicant must pay to the Respondent the fees mandated by the Local Government Act for the grant of an easement over the Respondent's property at Lot 6 in Deposited Plan 28248 fixed in the amount of $2,244 (including GST). Catchwords: APPEAL – easement for drainage of water – conciliation conference – agreement between the parties – orders Legislation Cited: Conveyancing Act 1919 Land and Environment Court Act 1979 Local Government Act 1993 Category: Principal judgment Parties: Newton Developments Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: G Wiblin (Solicitor) (Applicant) A Avery (Solicitor) (Respondent)