Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd (No 5) [2023] NSWSC 781

Supreme Court New South Wales

Medium Neutral Citation: Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd (No 5) [2023] NSWSC 781 Hearing dates: On the papers Date of orders: 06 July 2023 Decision date: 06 July 2023 Jurisdiction: Common Law Before: Payne JA Decision: See paragraphs [10]-[12] Catchwords: JUDGMENTS AND ORDERS — Enforcement —— where plaintiff successful in claim for possession of land —stay of execution lifted subject to undertaking by plaintiff to allow period of reasonable access to land to enable removal of property — reports on progress in removal of property Legislation Cited: Rail Safety National Law 2012 (NSW) Cases Cited: Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd (No 2) [2022] NSWSC 561 Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd (No 4) [2022] NSWSC 1050 Category: Consequential orders Parties: Misthold Pty Ltd (Plaintiff/Cross-defendant) NSW Historic Sites and Railway Heritage Company Pty Ltd (Defendant/Cross-claimant) Dorrigo Steam Railway and Museum Ltd (Interested Party) Lachlan Valley Railway Society Co-operative Ltd (Interested Party) Sydney Rail Services Pty Ltd (Interested Party) The Picnic Train Ltd (Interested Party) Andrew Gordon (Interested Party) Ben Parker (Interested Party) Robert Wilson (Interested Party) Sydney Electric Train Society Inc (Interested Party) Andrew Reynolds (Interested Party) Richmond Vale Preservation Co-operative Society Ltd (Interested Party) Lithgow State Mine Railway Ltd (Interested Party) Aurizon Ltd (Interested Party) Spirit of the Hunter Pty Ltd (Interested Party) Representation: Counsel: M Walton SC with N Furlan (Plaintiff/Cross-defendant) Mr C Richards as a director of Historic Sites and Railway Heritage Company Pty Ltd (Defendant/Cross-claimant) R Tregenza (Dorrigo Steam Railway and Museum Ltd, Interested Party) A Joseph (Lachlan Valley Railway Society Co-operative Ltd, Interested Party) H Grace (Sydney Rail Services Pty Ltd and The Picnic Train Ltd, Interested Parties) G Morahan (Robert Wilson and Andrew Gordon, Interested Parties) H Burns as President of Sydney Electric Train Society Inc and on behalf of Lithgow State Mine Railway Ltd (Interested Parties) B Parker (Interested Party) A Reynolds (Interested Party) S MacNeill (Aurizon Ltd) (Interested Party) Mr C Richards as a director of Spirit of the Hunter Pty Ltd (Interested Party)