Ryan v Starr & 2 Ors [2005] NSWSC 170

New South Wales Supreme Court

CITATION : Ryan v Starr & 2 Ors [2005] NSWSC 170

HEARING DATE(S) : 28/02/05, 01/03/05

JUDGMENT DATE : 17 March 2005

JUDGMENT OF : White J

DECISION : 1. Grant leave to the plaintiff to discontinue the proceedings against the third defendant; 2. Declare that the plaintiff as proprietor of the land at Folio Identifier 1/136305 being 50 Carrington Street, West Wallsend NSW, has the benefit of a right of carriageway over the first and second defendants' land as shown on the plan annexed to the amended statement of claim and marked "A", such right of carriageway being in the terms specified in Part 1 of Schedule 8 of the Conveyancing Act 1919. 3. Declare that the first and second defendants hold their interest in the land in Folio Identifier B/359328 being 48 Carrington Street, West Wallsend NSW, subject to the said right of carriageway. 4. Order that the first and second defendants and each of them execute a memorandum of Transfer Granting Easement under the Real Property Act in registrable form recording such right of carriageway, such memorandum to be in the form set out in Annexure B to the amended statement of claim. 5. Order that the first and second defendants and each of them do all things reasonably necessary to ensure that the said memorandum of Transfer Granting Easement be registered including doing all things reasonably necessary on their part to be done to cause the certificate of title Folio Identifier B/359328 to be produced to the Land Titles Office for the purpose of such registration. 6. Order that the first and second defendants by themselves, their employees or agents be restrained from hindering or interfering with or preventing the use by the plaintiff of the said right of carriageway. 7. Order that the first and second defendants remove so much of the fence that adjoins 50 Carrington Street, West Wallsend NSW, as obstructs access by the occupier of that property to the said right of carriageway. 8. Liberty to apply on 7 days' notice in writing. 9. The first and second defendants pay the plaintiff's costs of the proceedings.; 10. Exhibits may be returned after 28 days.