Pasade Holdings v Sydney City Council [2003] NSWSC 913

New South Wales Supreme Court

CITATION : Pasade Holdings v Sydney City Council [2003] NSWSC 913 HEARING DATE(S) : 27 June 2003 JUDGMENT DATE : 10 October 2003 JURISDICTION: Equity Division JUDGMENT OF : Bryson J at 1 DECISION : Order that the plaintiff pay the second, third and fourth defendants' costs assessed at $3036.58.

CATCHWORDS : COSTS - assessment of costs of submitting defendants in proceedings under s.88K Conveyancing Act 1919 for grant of easement - submitting defendants had easements over site of proposed new easement but there was no conflict or adverse implication - submitting defendants properly joined as their possible compensation had to be considered under subs.88K(2)(b) - appropriate for plaintiff's application to be carefully considered for possible adverse implications on value of defendants' City building - submitting defendants claimed $24,783.58 - Court allowed 7 hours solicitor's attendances, no fees for counsel - costs assessed at $3,036.58. s.88K Conveyancing Act 1919 LEGISLATION CITED : s.88K(2)(b) Conveyancing Act 1919 s.88K(5) Conveyancing Act 1919 117 York Street Pty Ltd v. Proprietors of Strata Plan No. 16123 (1998) 43 NSWLR 504 at 515-516 CASES CITED : Kent Street Pty Ltd v. Council of the City of Sydney (2001) 10 BPR 1 8757 Pasade Holdings v. Sydney City Council [2003] NSWSC 515 Padade Holdings v. Sydney City Council [2003] NSWSC 584 Pasade Holdings Pty Ltd (Plaintiff)

v

Council of the City of Sydney (First Defendant)

Graham William Byrne (Second Defendant)