NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Milner v Busways Management Pty Limited [2001] NSWLEC 231 APPLICANT Stanley William Milner PARTIES : RESPONDENT Busways Management Pty Limited FILE NUMBER(S) : 30027 of 1998 CORAM: Talbot J KEY ISSUES: Encroachment :- minimal subterranean encroachment by footings only - compensation denied. Encroachment of Buildings Act 1922 s 3, s 3(3)(a), s3(3)(b), s 3(3)(c), s 3(3)(d), s 9 LEGISLATION CITED: Land and Environment Court Act 1979 s 69 Real Property Act 1900 s 135B, s 135J CASES CITED: DATES OF HEARING: 20/09/2001 DATE OF JUDGMENT: 10/02/2001
APPLICANT Mr J.A. Coombs (Barrister) SOLICITORS Roderick Storie Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr J.A. Ayling (Barrister) SOLICITORS Gells
JUDGMENT:
IN THE LAND AND Matter No. 30027 of 1998 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 2 October 2001
Stanley William Milner Applicant v Busways Management Pty Limited Respondent REASONS FOR JUDGMENT
1. The applicant is the registered proprietor of Lots 27 – 30 Section 5 DP 744 known as 16 – 22 Wellington Street, Riverstone.
2. The respondent is the registered proprietor of the adjoining property Lot 1 in DP 839626.
3. There is no dispute that part of the footings of a large factory building constructed adjacent to the eastern boundary of the applicant's land encroach, at least in part, onto Lot 27.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate