Roma Lopeman v WIN Corporation Pty Ltd [2020] NSWSC 1560

Supreme Court New South Wales

Medium Neutral Citation: Roma Lopeman v WIN Corporation Pty Ltd [2020] NSWSC 1560 Hearing dates: 28 October 2020 Decision date: 03 November 2020 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: See para [19] Catchwords: COSTS – Application for imposition of an easement – Where plaintiff failed on contract and estoppel cases but was granted an easement pursuant to s 88K of the Conveyancing Act 1919 (NSW) – Ordinary rule that applicant pays defendant's costs of proceedings – Whether departure from ordinary rule warranted Legislation Cited: Conveyancing Act 1919 (NSW) s 88K Cases Cited: Goodwin v Yee Holdings Pty Ltd (1997) 8 BPR 15,795 McGrath v Mestousis (No 2) [2018] NSWSC 32 Roma Lopeman v WIN Corporation Pty Ltd [2020] NSWSC 1305 Ross Bilton & Ors v Georgia Lidgras (Costs) [2016] NSWSC 1585 Shi v ABi-K Ltd (2014) 87 NSWLR 568 Texts Cited: n/a Category: Costs Parties: Roma Elaine Lopeman (plaintiff) WIN Corporation Pty Ltd (defendant) Representation: Counsel: S Philips (plaintiff) M Galvin (defendant)

Solicitors: G & B Lawyers (plaintiff) RMB Lawyers (defendant) File Number(s): 2020/3841

Judgment – costs 1. Three issues arose for determination before me at the trial which took place on 22, 23, 24 and 28 July 2020 (see [2020] NSWSC 1305). 2. The first was whether the parties had entered a binding contract by which the defendant bound itself to grant an easement over its land in favour of the plaintiff's land. 3. Secondly and in the alternative whether the defendant was by reason of its conduct precluded from denying the grant of the easement. 4. Thirdly and again in the alternative the plaintiff sought an easement pursuant to s 88K of the Conveyancing Act 1919 (NSW) (the Act). 5. The plaintiff failed on the first and second issues but succeeded on the third. 6. The question of costs is outstanding. 7. I have helpfully received written submissions from both sides and I have also had the benefit of a short oral hearing.