Karkulahti v Notaras [2020] NSWSC 1606

Supreme Court New South Wales

Medium Neutral Citation: Karkulahti v Notaras [2020] NSWSC 1606 Hearing dates: 13 November 2020 Date of orders: 13 November 2020 Decision date: 13 November 2020 Jurisdiction: Equity Before: Slattery J Decision: Matter adjourned and directions made. Catchwords: LAND LAW — Torrens title — the plaintiff claims an equitable interest in a rectangle of 7.3657 square metres of land ("the subject rectangle") of which his neighbour, the defendant, is the registered proprietor – the subject rectangle is subtracted from the plaintiff's otherwise generally rectangular land – plaintiff claims he uses the subject rectangle – the plaintiff relies upon a March 1987 agreement between himself and the previous owner of the defendant's land for the transfer of the subject rectangle to the plaintiff – the plaintiff paid $500 in consideration to the previous owner, who signed the agreement – the plaintiff did not lodge a caveat to give effect to this agreement – the plaintiff considers he also has an adverse possession claim over the subject rectangle – Court satisfied that the defendant has been notified of the hearing – but the defendant makes no appearance at the hearing – whether the plaintiff's claim should be pleaded – whether the matter can be resolved through a court annexed mediation. Legislation Cited: Civil Procedure Act 2005, ss 26, 60 Real Property Act 1900, ss 42, 45C, 45D, 45E Cases Cited: Breskvar v Wall (1971) 126 CLR 376 McFarland v Gertos (2018) 98 NSWLR 854 Refina Pty Ltd v Binnie (2010) 15 BPR 28,633 Category: Principal judgment Parties: Plaintiff: Rauli Karkulahti Defendant: Irene Notaras Representation: Solicitors: Plaintiff: C. Dezarnaulds, Dezarnaulds Legal Defendant: No appearance File Number(s): 2019/379155 Publication restriction: No