NSW Caselaw
> Land and Environment Court of New South Wales
CITATION : Sharp v Swadling [2003] NSWLEC 432 APPLICANT PARTIES : Robyn Sharp RESPONDENT Shand and Franca Swadling FILE NUMBER(S) : 30043 of 2003 CORAM: Pain J KEY ISSUES: Costs :- removal of encroachment before proceedings determined - reasonableness of parties' conduct LEGISLATION CITED: Encroachment of Buildings Act 1922, s 14 Land and Environment Court Act 1979 s 69 CASES CITED: Latoudis v Casey (1990) 170 CLR 534 ; Minister for Immigration and Ethnic Affairs: Ex parte Lai Qin (1977) 186 CLR 622 DATES OF HEARING: 13/08/2003 EX TEMPORE JUDGMENT DATE : 08/21/2003
APPLICANT Mr A Pickles SOLICITOR Colin Biggers & Paisley LEGAL REPRESENTATIVES: RESPONDENT Mr E Muston SOLICITOR Piggott Stinson Ratner Thom
JUDGMENT:
IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 30043 of 2003
Pain J
21 August 2003 ROBYN SHARP Applicant v SHAND and FRANCA SWADLING Respondents Ex Tempore Judgment
1. This decision concerns the question of who should get costs in proceedings brought under the Encroachment of Buildings Act 1922 (the Encroachment of Buildings Act), seeking an easement over land with a cross-claim for the removal of those encroachments when there has been no final determination of the matter.
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