NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Crawley v Baxter (No 3) [2023] NSWSC 955 Hearing dates: On the papers Date of orders: 15 August 2023 Decision date: 15 August 2023 Jurisdiction: Equity Before: Henry J Decision: (1) The defendant to pay the plaintiff's costs of the defendant's notice of motion filed on 20 September 2022 and the plaintiff's notice of motion filed on 29 March 2023 on the ordinary basis, as agreed or assessed. (2) Save as provided for by Order 1, the defendant to pay 50% of the plaintiff's costs of the proceedings on the ordinary basis, as agreed or assessed. Catchwords: LAND LAW — easements — costs — where order made for imposition of easement in favour of plaintiff — whether departure from ordinary rule under s 88K(5) Conveyancing Act 1919 (NSW) warranted due to unreasonable conduct of defence to claim Legislation Cited: Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) National Parks and Wildlife Act 1974 (NSW) Roads Act 1993 (NSW) Cases Cited: McGrath v Mestousis (No 2) [2018] NSWSC 32 Roma Lopeman v WIN Corp Pty Ltd [2020] NSWSC 1560 Shi v Abi-K Pty Ltd (2014) 87 NSWLR 568; [2014] NSWCA 293 Studholme v Rawson (2020) 102 NSWLR 490; [2020] NSWCA 76 Category: Costs Parties: Edwin Crawley (Plaintiff) John Baxter (Defendant) Representation: Counsel: J Trebeck (Plaintiff) S Doupe (Defendant)
Solicitors: Turner Freeman Lawyers (Plaintiff) O'Brien Winter Partners (Defendant) File Number(s): 2021/0080217 Publication restriction: Nil
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