Sydney Redevelopments 1 Pty Ltd v Chui [2023] NSWSC 695

Supreme Court New South Wales

Medium Neutral Citation: Sydney Redevelopments 1 Pty Ltd v Chui [2023] NSWSC 695 Hearing dates: 21 June 2023 Date of orders: 21 June 2023 Decision date: 21 June 2023 Jurisdiction: Equity - Real Property List Before: Hammerschlag CJ in Eq Decision: Orders for the imposition of an easement over the defendants' property and for the payment by the plaintiff of compensation in the sum of $63,942 Catchwords: REAL PROPERTY – EASEMENTS – Conveyancing Act 1919 (NSW) s 88K – plaintiff owns property on which it has commenced development of a 308 room hotel which includes a commercial component – defendants own adjoining property – plaintiff requires access to airspace for crane swing and to the defendants' property for the erection of a hoarding, installation of jump form and erection of scaffolding – plaintiff requires an easement over the defendants' property to execute the development – plaintiff has sought to engage with defendants who have not participated in the process – orders were made for substituted service which have been complied with – HELD: the easement sought is not inconsistent with the public interest, that the defendants can be adequately compensated and that the plaintiff has made all reasonable attempts to obtain the easement – there should be an easement and the plaintiff must pay the defendants compensation Legislation Cited: Conveyancing Act 1919 (NSW) Category: Principal judgment Parties: Sydney Redevelopments 1 Pty Ltd (ACN 632 259 646) (Plaintiff) Ng Ching Chui (First Defendant) Truong Thi Tra (Second Defendant) Representation: Counsel: G Farland and M Keene (Plaintiff) First Defendant – No Appearance Second Defendant – No Appearance