NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Registrar General v Sutherland & Ors [2000] NSWLEC 202 APPLICANT Registrar General PARTIES : RESPONDENT Sutherland & Ors FILE NUMBER(S) : 30226 of 1999 CORAM: Cowdroy J KEY ISSUES: Costs :- indemnity costs - Registrar General making determination of inconclusive boundary - determination including provision of easements as essential component of just and reasonable determination - power of Registrar General to require easements as part of determination - landowner claiming that the determination would extinguish compensation claim pursuant to Encroachment of Buildings Act 1922 - no unreasonable conduct by Registrar General - claim for indemnity costs refused. Encroachment of Buildings Act 1922 LEGISLATION CITED: Land and Environment Court Act 1979 s 69(2) Real Property Act 1900 s 135B, s 135H, s 135J Port Stephens Council v Randell [2000] NSWLEC 169 ; CASES CITED: Ray Group Pty Ltd v Byron Shire Council (1998) 98 LGERA 378; Registrar General v Malcolm William Rigby and Leanette June Rigby & Anor (NSWLEC no 30339 of 1994, unreported) ; The Registrar General v Tuckfield (1981) 6 BPR 13,831 DATES OF HEARING: 16/8/00, 17/8/00, 18/8/00 DATE OF JUDGMENT: 09/21/2000
APPLICANT Mr I Wales SC
SOLICITORS Kenneth Charles Hall Solicitor for the Registrar General LEGAL REPRESENTATIVES: RESPONDENT Mr M Baker (Solicitor)
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