Reis v Patrick [2021] NSWLEC 1109

Land and Environment Court New South Wales

Medium Neutral Citation: Reis v Patrick [2021] NSWLEC 1109 Hearing dates: Conciliation conference on 2 November 2020, 3 December 2020, 18 January 2021, 29 January 2021 and 16 February 2021 Date of orders: 02 March 2021 Decision date: 02 March 2021 Jurisdiction: Class 3 Before: Peatman AC Decision: See orders at [12] below Catchwords: ENCROACHMENT – boundary in residential area – conciliation conference – agreement between the parties – orders Legislation Cited: Conveyancing Act 1919 Encroachment of Buildings Act 1922 Land and Environment Court Act 1979 Category: Principal judgment Parties: Ronald Joseph Reis (First Applicant) Connie Siew Khoon Reis (Second Applicant) Paul Malcolm Patrick (First Respondent) Stephanie Marie Patrick (Second Respondent) Representation: Counsel: M Newton and then B Dabscheck (Solicitor) (Applicants) M Astill, and then S Kleinhans (Solicitor) (Respondents)

Solicitors: Mayweathers (Applicants) James Tuite & Associates Lawyers (Respondents) File Number(s): 2019/359538 Publication restriction: No

Judgment 1. COMMISSIONER: The Applicants are the registered proprietors of Lot 1 in Deposited Plan 3707 known as 37 Therry Street, Drummoyne NSW (Applicants' Land). 2. The Respondents are the registered proprietors of Lot 9 in Deposited Plan 3707 known as 39 Therry Street, Drummoyne NSW (Respondents' Land). 3. On 15 November 2019 the Applicants filed a Class 3 Application in the Court against the Respondents alleging that parts and/or structures on the Respondents' Land encroach on the Applicants' Land (the Alleged Encroachments). 4. In their Class 3 Application, the Applicants sought orders pursuant to ss 3(2) and 14 of the Encroachment of Buildings Act 1922 (NSW) (Encroachment Act) for the Respondents to remove the Alleged Encroachments and pay the Applicants' costs, charges and expenses, and such further or other order as the Court thinks fit. 5. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 2 November 2020, 3 December 2020, 18 January 2021, 29 January 2021 and 16 February 2021. I presided over the conciliation conference. 6. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Respondents granting an easement to the Applicants to permit existing structures to remain in respect of the alleged encroachment (as further described in the Orders in [12] below), and the Respondents to pay the sum of $50,500 to the Applicants within 28 days from the date of the Orders.