Westfield And Anor. v The Registrar-General [2002] NSWLEC 248

Set aside by Appeal : [2003] NSWCA 343

Land and Environment Court of New South Wales

CITATION : Westfield And Anor. v The Registrar-General [2002] NSWLEC 248 APPLICANTS: Westfield And Anor. PARTIES : RESPONDENT: The Registrar-General FILE NUMBER(S) : 30008 of 2002 of 2002 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- boundaries-determination of common boundary by Registrar General-appeal to Court LEGISLATION CITED: Real Property Act 1900, s 135J CASES CITED: DATES OF HEARING: 16, 17, 18/09/02 DATE OF JUDGMENT: 12/23/2002

APPLICANTS: Mr R Dalgleish, Barrister with Ms C Ravenscroft, Barrister SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT: Mr P Walsh, Barrister SOLICITORS Solicitor for the Registrar General

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . 30008 of 2002 Coram : Bignold J 23 December 2002

M AND A WESTFIELD

Applicants

v

THE REGISTRAR-GENERAL

JUDGMENT

Bignold J: A. INTRODUCTION

1. This is an appeal pursuant to the Real Property Act 1900, s 135J (the RP Act) by the Applicants (being the co-owners of a residential property known as No 35 Kangaroo Street, Manly) who are dissatisfied with a determination made by the Respondent of the position of the northern boundary of their property (being the common boundary with the adjoining property known as No 37 Kangaroo Street) as notified to the Applicants in the Respondent's letter given to the Applicants on 15 January 2002.