NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Bryant v Crompton (No 2) [2024] NSWSC 586 Hearing dates: 08 May 2024 Decision date: 08 May 2024 Jurisdiction: Equity - Real Property List Before: Peden J Decision: See [24] Catchwords: LAND LAW — Easements — Creation of easements — Creation by order of court — Where court found proposed easement was reasonably necessary and substantially preferable to defendant's alternative —Where court ordered parties to confer on appropriate terms of easement and costs order — Where parties could not agree — Where Court determines terms of easement LAND LAW — Easements — Costs — Whether defendant acted unreasonably during course of proceedings — Whether circumstances warrant departure from 88K(5) Conveyancing Act 1919 (NSW) Legislation Cited: Conveyancing Act 1919 (NSW), s 88K Cases Cited: Bryant v Crompton [2024] NSWSC 238 Crawley v Baxter (No 3) [2023] NSWSC 955 Jeffrey v Adams [2023] NSWSC 1270 Studholme v Rawson (2020) 102 NSWLR 490 Swann v Spiropoulos [2006] NSWSC 1016 Texts Cited: Nil Category: Costs Parties: Christopher John Bryant (Plaintiff) Nicholas Anthony Crompton (First Defendant) Keryn Michelle Denichilo-Harrison (Second Defendant) Registrar-General (Third Defendant) Representation: Counsel: M Gunning (Plaintiff) R Sud (First and Second Defendants)
Solicitors: Parker & Kissane (Plaintiff) Somerville Laundry Lomax (First and Second Defendants) File Number(s): 2023/315855 Publication restriction: Nil
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