WILCOX v RICHARDSON [1997] NSWCA 343

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/reports/caseml]/case/urj/9708246

WILCOX v RICHARDSON

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

5 MEAGHER JA, HANDLEY JA and POWELL JA

1 September 1997

[1997] NSWCA 343 Meagher JA, Handley JA and Powell JA.

1. Declare that pursuant to sublease registered number 1688535 dated 31

March 1993 between John Herbert Richardson and Judith Dean Richardson as sublessors and Ray Joseph Richardson and Margaret Ann Smith as sublessees (the sublease), there were granted to the said Ray Joseph Richardson and Margaret Ann Smith, as appurtenant to the land described in declaration 1 (i) made in the Equity Division on 12 September 1996 (the servery):

(a) an easement for the use of the toilet off the verandah near its north western corner, by the sublessees, their servants, agents and customers, in common withthe sublessors, and those claiming through or under them.

(b) easements for the exclusive use by the sublessees, their servants and agents of —

(i) the area on the ground floor marked 'Oil Drum Storage under Catwalk' on page | of the annexed plan for storing drums of cooking oil;

(ii) the area on the eastern side of the ground floor formerly occupied by a large ice box, marked 'Ice Box' on page | of the plan;

(iii) bay 1 on the first floor, as marked on page 2 of the plan, for the storage of refrigerators, stock and dry goods;

(iv) bay 2 on the first floor, as marked on page 2 of the plan, for the storage of stock and dry goods;(v) part of the western verandah marked 'Gas Tank' on page | of the plan for the storage of a large gas bottle;

(vi) pipes in the locations existing in January 1991 between the gas bottle and the servery;

(vii) the electrical wiring, water and waste pipes to and from the servery and to and from the hot water heater, exhaust fan, cool room motors and freezers on the first floor and to the external lights in that part of the verandah described in declaration 1 (ii) made in the Equity Division;