Collick v Robinson [2022] NSWLEC 1243

Land and Environment Court New South Wales

Medium Neutral Citation: Collick v Robinson [2022] NSWLEC 1243 Hearing dates: 7-8 March 2022 Date of orders: 10 May 2022 Decision date: 10 May 2022 Jurisdiction: Class 3 Before: McEwen AC Decision: The Court orders that: (1) Within six months of the date of these orders, or such later date as may be agreed between the parties, the applicant and the respondents are to remove the encroachments on no. 2C Dumaresq Road, Rose Bay (as depicted in the survey dated 8 July 2020 by Harrison Friedman & Associates Pty Limited) upon the following terms: (a) The laundry and brick carport buildings are to be demolished in their entirety generally in accordance with the methodology set out in Scenario 1 in the expert report of Mr E. Brincat dated 1 October 2021 (the demolition works); (b) The paling fence is to be demolished in its entirety. (2) The parties are to contribute to the cost of the demolition works on a pro-rata basis according to the percentage of their respective shareholding as tenants in common in no. 4 Dumaresq Road, with the applicant to contribute 81.57% and the respondents to contribute 18.43% of such costs, provided that the respondents' contribution is not to exceed $24,800 exclusive of GST. (3) The applicant is to arrange and shall bear the total cost of the removal of the paling fence and of the removal of any vegetation necessary to enable the removal of such fence. (4) The applicant is to arrange and shall bear the total cost of the erection of a new dividing fence upon the common northern boundary of no. 4 Dumaresq Road with no. 2C Dumaresq Road. (5) The parties will instruct the building manager of no. 4 Dumaresq Road to obtain three quotes for the demolition works and instruct the building manager to accept the most cost-efficient quote and generally oversee the demolition works. (6) The parties shall each contribute to the reasonable costs of the building manager's fees incurred as a consequence of order 5 above, in the percentages set out in order (2) above, but irrespective of the cap. (7) Exhibits B, D, 1 and 2 are retained and Exhibits A, C and E are returned. Catchwords: ENCROACHMENT OF BUILDINGS – laundry, carport and paling fence – whether construction of a new laundry should be ordered as a condition of demolition Legislation Cited: Encroachment of Buildings Act 1922, ss 2, 3 Land and Environment Court 1979, s 19(c1) Cases Cited: Hofer v Howell Developments Pty Limited [2000] NSWLEC 191 Towers v Stolyar [2017] NSWSC 526 Category: Principal judgment Parties: Anthony Martin Collick (Applicant) Michael Patrick Robinson (First Respondent) Roshan Ara Robinson (Second Respondent) Representation: Counsel: M Fisher (Applicant) D Weinberger (Respondents)