NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Burgess v Benakis [2024] NSWSC 1436 Hearing dates: 11-13 November 2024 Date of orders: 13 November 2024 Decision date: 13 November 2024 Jurisdiction: Equity - Real Property List Before: Peden J Decision: At [79] Catchwords: LAND LAW — Encroachment of Buildings Act 1922 (NSW) — Whether defendant should be ordered to remove encroaching metal beams and concrete footings which support garage wall in circumstances where encroachments inhibit plaintiff from developing his land TORTS — Nuisance — Private nuisance — Whether stormwater ingress from neighbouring property a nuisance — Whether cross-defendant has continued or adopted the nuisance Legislation Cited: Encroachment of Buildings Act 1922 (NSW) ss 3, 10 Evidence Act 1995 (NSW) s 53 Cases Cited: Boed Pty Ltd v Seymour (1989) 15 NSWLR 715 Boyes v Thomson [2024] NSWSC 1325 Gales Holdings Pty Ltd v Tweed Shire Council (2013) 85 NSWLR 514 Llavero v Shearer [2014] NSWSC 1336 The Uniting Church in Australia Property Trust (NSW) v Crowe [2024] NSWSC 1387 Category: Principal judgment Parties: Mark Paul Burgess (Plaintiff) Sophia Benakis (Defendant) Representation: Counsel: J Adamopoulos and S T Hanscomb (Plaintiff) T Lynch SC and A Strik (Defendant)
Solicitors: Kydon Segal Lawyers (Plaintiff) Jack Rigg Solicitors (Defendant) File Number(s): 2022/00163175 Publication restriction: Nil
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