Mavis McKinnon v. Hallbridge Pty Ltd [1998] NSWLEC 85

Land and Environment Court of New South Wales

CITATION : Mavis McKinnon v. Hallbridge Pty Ltd [1998] NSWLEC 85 APPLICANT Mavis McKinnon PARTIES : RESPONDENT Hallbridge Pty Ltd FILE NUMBER(S) : 30148 of 1997 CORAM: Sheahan J KEY ISSUES: :- LEGISLATION CITED: Encroachment of Buildings Act 1922 Land & Environment Court Act 1979 CASES CITED: Donald Campbell & Co Limited v Pollak [1972] AC 732.; Fountain Selected Meats (Sales) Pty Limited v International Produce Merchants Pty Limited & Ors (1988) 81 ALR 397 DATES OF HEARING: 03/07/98 DATE OF JUDGMENT: 07/10/1998

APPLICANT Mr M Evans, Barrister Ms M Rodgers of Minter Ellison

LEGAL REPRESENTATIVES: RESPONDENT Mr S Kerr, Barrister Mr S Suchard of Colin Biggers & Paisley

JUDGMENT:

The only outstanding matter to be resolved in this case is the question of costs.

The substantive issues were resolved in my judgment of 12 June 1998, the thrust of which was as follows:

* that the applicant was entitled to relief;

* that she was entitled to compensation defined to include the value of the land upon which the encroachment was made ($562);

* that within the meaning of s 4(1) of the Encroachment of Buildings Act 1922 ("the EB Act"), the "multiplier" should not be applied in the circumstances of the case, because there was no evidence upon which the Court could conclude that the encroachment was intentional, or the result of negligence, on the part of the respondent;