ANAGNOSTOU and ANOR vy VINICIO and ANOR SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL MEAGHER, COLE and BEAZLEY JJA 30 October 1997, 30 October 1997 [1997] NSWCA 22 Encroachment of Buildings Act 1922 — no question of principle Cole JA The facts surrounding the appellants' claim under the Encroachment of Buildings Act 1922 are set out in the judgment of Pearlman J delivered 26 June 1995. Her Honour found: 1. Two encroachments were trifling and the third was insignificant. No encroachment was greater than 250mm. 2. The reason the proceedings were brought was due to an antagonism between the parties. 3. There was no satisfactory evidence concerning the value of the land upon which the encroachments stood, or loss or damage which would be occasioned to the applicants arising from the encroachments. Each of these findings was plainly correct. Her Honour concluded that it was "proper in the circumstances of the case" within s3(3) of the Act to dismiss the application. That finding was also plainly correct. Again no error of law has been demonstrated. The appeal should be dismissed with costs. Meagher JA I agree. Beazley JA I agree. MEAGHER JA: The order of the Court is, therefore, that the appeal is dismissed with costs. Counsel for the appellant: R Skiller Solicitors for the appellant: Star Carver & Co Counsel for the respondent: M Confos/MCarey Solicitors for the respondent: El Khouri & Sakr