Hill v Wirepa [2024] NSWDC 373

District Court New South Wales

Medium Neutral Citation: Hill v Wirepa [2024] NSWDC 373 Hearing dates: 21 August 2024 Date of orders: 23 August 2024 Decision date: 23 August 2024 Jurisdiction: Civil Before: Andronos SC DCJ Decision: (1) Subject to any order under s 88K of the Conveyancing Act 1919 (NSW) and pursuant to s 46 of the District Court Act 1973 (NSW), the cross-defendant, Silvana Wirepa, be restrained by herself, her servants, agents, visitors or contractors from trespassing on the land owned by the cross-claimants, Christopher Hill and David Hill, being the land in lot 123/DP754412, lot 30/DP754416, lot 18/DP754416, lot 1/DP1012151 and lot 43/DP754439 (together, "the Property"), including by doing any of the following without the prior written consent of Christopher Hill and/or David Hill or their successors in title: (a) entering or using the Property other than for the purpose of passage to and from the public road; (b) leaving anything on the Property; (c) knowingly, recklessly or negligently permitting any dogs that the cross-defendant owns or that are under her control from entering the Property, unless they are in a motor vehicle that is on the Property for the purpose set out in sub-paragraph (a) above. (2) The cross-defendant is to pay the cross-claimants' costs of the cross-claim: (a) up to and including 9 May 2024 on the ordinary basis; and (b) incurred after 9 May 2024, in preparation for and appearing at the hearing on 21 August 2024, on an indemnity basis. Catchwords: TORTS — Trespass to land — Inclosed land EQUITY — Equitable remedies — Injunctions COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers Legislation Cited: Civil Procedure Act 2005 (NSW), s 149 Conveyancing Act 1919 (NSW), s 88K District Court Act 1973 (NSW), s 46 Cases Cited: Alves v Patel [2005] NSWSC 841 Calderbank v Calderbank [1975] 3 All ER 333 Commonwealth of Australia v Gretton [2008] NSWCA 117 Fried v National Australia Bank [2001] FCA 1280 League Against Cruel Sports Ltd v Scott [1986] 1 QB 240 McGarrigle v Public Service Board [1979] 1 NSWLR 292 Wirepa v Hill [2023] NSWSC 1394 Texts Cited: Balkin & Davis, Law of Torts (6th ed, 2021, LexisNexis Australia) G Dal Pont, The Law of Costs (3rd ed, 2013, LexisNexis Australia) Halsbury's Laws of Australia, 415 - Tort, at [415-480] (online at 22 August 2024) Category: Principal judgment Parties: Christopher James Hill (first cross-claimant) David Graham Hill (second cross-claimant) Silvana Liliana Wirepa (cross-defendant) Representation: Counsel: Mr M Fernandes (cross-claimants)