NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Gabriel v Billett [2023] NSWLEC 85 Hearing dates: 17 July 2023 Date of orders: 15 August 2023 Decision date: 15 August 2023 Jurisdiction: Class 3 Before: Robson J Decision: See orders at [87] Catchwords: Encroachment — Application for transfer of land by encroaching owner — Exercise of discretion under Encroachment of Buildings Act 1922 (NSW), s 3(3) — Encroaching structure located in a heritage conservation area — Whether the encroachment should be removed Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Clarence Valley Local Environmental Plan 2011, Sch 5, Ptt 1, 2, cl 5.10 Clarence Valley Residential Zones Development Control Plan 2011 Dividing Fences Act 1991 (NSW) Encroachment of Buildings Act 1922 (NSW), ss 2, 3, 4, 14 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Amatek Ltd v Googoorewon Pty Ltd (1993) 176 CLR 471; [1993] HCA 16 Edwards v Allmen Engineering Pty Ltd [1995] NSWCA 138 Category: Principal judgment Parties: Eric Stephen Gabriel (Applicant) Karen Billett (Respondent) Representation: Counsel: E S Gabriel, self-represented (Applicant) L Nurpuri (Respondent)
Solicitors: Self-represented (Applicant) Daniel Butt & Co Solicitors (Respondent) File Number(s): 2023/00011710 Publication restriction: Nil
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