Pye v Johnson [2021] NSWLEC 1479

Land and Environment Court New South Wales

Medium Neutral Citation: Pye v Johnson [2021] NSWLEC 1479 Hearing dates: Conciliation conference on 30 June 2021 and 21 July 2021 Date of orders: 23 August 2021 Decision date: 23 August 2021 Jurisdiction: Class 3 Before: Peatman AC Decision: See orders at [11]-[12] below Catchwords: ENCROACHMENT OF BUILDINGS – rural land – compensation payable – conciliation conference – agreement between the parties – orders Legislation Cited: Encroachment of Buildings Act 1922 ss 2, 3 Land and Environment Court Act 1979 ss 19 (c1), 39 Category: Principal judgment Parties: David William Pye (Applicant) Brad Johnson (First Respondent) Teresa Johnson (Second Respondent) Bryan Maurice Johnson (Third Respondent) Representation: Counsel: J Walker (Applicant) L Raffaele (Respondents)

Solicitors: Brock Partners Lawyers (Applicant) Bartier Perry (Respondents) File Number(s): 2021/109996 Publication restriction: No

Judgment 1. COMMISSIONER: This is an application by the Applicant pursuant to s 2(1) of the Encroachment of Buildings Act 1922 (EB Act) to transfer certain land to the Applicant pursuant to s 3(2)(a) and for the Applicant to pay compensation to the Respondent pursuant to s 3(2)(b) of the EB Act. In summary: 1. The proceedings have been brought under s 3(1) of the EB Act. 2. The proceedings fall within Class 3 of the Court jurisdiction pursuant to s 19(c1) of the Land and Environment Court Act 1979 (LEC Act). 3. The statutory power or function to be exercised in determining the proceedings is pursuant to s 3 of the EB Act, and ss 34(3) and 39 of the LEC Act.