NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Austin & Anor v Scotts Head Lifestyle Homes Limited [2002] NSWLEC 241 APPLICANTS Noel John Austin and Judith May Austin PARTIES : RESPONDENT Scotts Head Lifestyle Homes Limited (ABN 41 079 362 146) FILE NUMBER(S) : (3)0019 of 2002 CORAM: Pain J Encroachment :- application for transfer of land and payment of compensation by encroaching owner - circumstances in which encroachment was made - intentional encroachment - exercise of discretion - whether encroachment should be removed KEY ISSUES: Estoppel - whether arises in circumstances LEGISLATION CITED: Encroachment of Buildings Act 1922 s 2, s 3, s 4 Byron Shire Council v Vaughan (No 2) (2000) 110 LGERA 424; Haddans Pty Ltd v Nesbitt (1963) 57 QJPR 21; CASES CITED: Morris v Thomas (1991) 73 LGRA 164 ; The Commonwealth v Verwayen (1990) 170 CLR 394; Walton Stores (Interstate) Limited v Maher (1988) 164 CLR387 DATES OF HEARING: 30/09/2002, 15/11/2002, 22/11/2002 (written submissions), 25/11/2002 (written submissions) DATE OF JUDGMENT: 12/20/2002
APPLICANTS Mr JR Connors (barrister) SOLICITORS Harris Wheeler
LEGAL REPRESENTATIVES: RESPONDENT Mr TS Hale SC with Mr T Bland (barrister) SOLICITORS Perry & Smith
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