NSW Caselaw
Reported Decision : [2001] ANZ ConvR 592
New South Wales Supreme Court
CITATION : Brown v STA of NSW [2000] NSWSC 802 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2962/99 HEARING DATE(S) : 3 August 2000 JUDGMENT DATE : 4 August 2000
PARTIES : Edward Earnest Brown (P) State Transit Authority of New South Wales (previously known as Urban Transit Authority of New South Wales) (D) JUDGMENT OF : Hamilton J
COUNSEL : S J Burchett (P) M Dempsey (D) SOLICITORS : Cowley Hearne (P) Tress Cocks & Maddox (D) CATCHWORDS : PROCEDURE [553] - Costs - Costs of whole action - Generally - Where action settled - PROCEDURE [592] - Costs - Departing from the general rule - Nature of proceedings - Defence of legal right - REAL PROPERTY [416] - Easements - Extinguishment - Relevant considerations. LEGISLATION CITED : Conveyancing Act 1919, s 89 DCT v Bowen [1999] NSWSC 881 Durian (Holdings) Pty Limited v Cavacourt Pty Limited [2000] NSWCA 28 CASES CITED : Grill v Hockey 29 April 1991 NSWSC unreported McClelland J Re Rose Bay Bowling and Recreation Club Ltd (1935) 52 WN (NSW) 77 Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622 Treweeke v 36 Wolseley Road Pty Limited (1973) 128 CLR 274 DECISION : In settled proceedings for extinguishment of easement order that each party pay own costs of part of proceedings and plaintiff pay defendant's costs of balance.
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
HAMILTON J
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