NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Gordon v Gioia & Anor [2007] NSWLEC 509
APPLICANT: Jennifer Mary Gordon PARTIES : RESPONDENTS: Emanuel Neil Gioia and Vania Gioia
FILE NUMBER(S) : 31240 of 2006
CORAM: Lloyd J
KEY ISSUES: Easements :- deferred commencement consent - condition requiring drainage easement - whether the easement is reasonably necessary for the development to have effect - all reasonable attempts to obtain easement - two alternative easement routes - interference with property rights
LEGISLATION CITED: Land and Environment Court Act 1979 s 40
Gordon v Leichhardt Council [2007] NSWLEC 103; Hanny v Lewis (1998) 9 BPR 16,205; CASES CITED: Khattar v Wiese [2005] NSWSC 1014; Property Partnerships Pacific Pty Ltd v Owners Strata Plan 58482 [2006] NSWLEC 709; Tregoyd Gardens Pty Ltd v Jervis (1997) 8 BPR 15,845
DATES OF HEARING: 03/07/2007
EX TEMPORE JUDGMENT DATE : 3 July 2007
APPLICANT: N Kingsbury-Carr (agent) SOLICITORS: N/A LEGAL REPRESENTATIVES: RESPONDENTS: C R Xuereb (solicitor) SOLICITORS: Charles R Xuereb & Co
JUDGMENT: - 5 - IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Lloyd J
Tuesday, 3 July 2007
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