NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Rainbowforce Pty Limited v Skyton Holdings Pty Limited & Ors (No 2) [2010] NSWLEC 53
APPLICANT Rainbowforce Pty Limited
FIRST RESPONDENT Skyton Holdings Pty Limited PARTIES : SECOND RESPONDENT Skyton Developments Pty Limited
THIRD RESPONDENT George Andrews
FILE NUMBER(S) : 30115 of 2009
CORAM: Preston CJ
KEY ISSUES: EASEMENTS :- imposition of easement by court - terms of easement - whether provision relating to construction commencement notice should be included in s 88B instrument or in court orders - provision inserted into orders of the court - whether alternative route of easement proposed by respondents should be imposed - route of easement proposed by applicant preferred
LEGISLATION CITED: Conveyancing Act 1919 s 88B Environmental Planning and Assessment Act 1979 s 96
CASES CITED: Rainbowforce Pty Limited v Skyton Holdings Pty Limited and Ors [2010] NSWLEC 2; (2010) 171 LGERA 286
DATES OF HEARING: 10 March 2010
EX TEMPORE JUDGMENT DATE : 10 March 2010
APPLICANT Mr P C Tomasetti SC
SOLICITORS D G Briggs & Associates LEGAL REPRESENTATIVES: RESPONDENTS Mr P Rigg (solicitor)
SOLICITORS Norton Rose
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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