NSW Caselaw
New South Wales Supreme Court
CITATION : Phillip Arthur Hosking & Anor v Peter Haas & Anor [2009] NSWSC 624
HEARING DATE(S) : 2 and 3 April 2009
JUDGMENT DATE : 3 July 2009
JURISDICTION : Equity
JUDGMENT OF : Bergin CJ in Eq
DECISION : Benefit of covenant not annexed - Consideration to occur as to whether notification is to be given to other lot owners in the Estate before decision in relation to the existence or otherwise of a Common Building Scheme
CATCHWORDS : LAND LAW - Land subdivided - Lots sold at different times by developer/original vendor - Whether benefit of defendants' covenant annexed to plaintiffs' land - Whether Common Building Scheme exists - PROCEDURE - Whether owners of other lots in the Estate should be notified of the application prior to determination of whether a Common Building Scheme exists
LEGISLATION CITED : Conveyancing Act 1919
Doyle v Phillips (No. 1) (1997) 8 BPR 15,523 CASES CITED : Elliston v Reacher [1908] 2 Ch 374 Kerridge v Foley (1964) 82 WN (Pt 1) (NSW) 293 NSW Aged Pensioners Hostel and Conveyancing Act [1967] 1 NSWR 332
Phillip Arthur Hosking & PARTIES : Dorothy Hosking (Plaintiffs) Peter Haas & Evelyn Haas (Defendants)
FILE NUMBER(S) : SC 1767 of 2008
COUNSEL : M Stirling (Plaintiffs) M Baird (Defendants)
SOLICITORS : Cosgriff Orchard Legal (Plaintiffs) David Geddes (Defendants)
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BERGIN CJ IN EQ
3 JULY 2009
1767 OF 2008 PHILLIP ARTHUR HOSKING & ANOR v PETER HAAS & ANOR JUDGMENT 1 The properties, the subject of these proceedings, form part of the River Park Estate (the Estate), a residential sub-division, with a one-kilometre frontage to a public reserve and the Murray River (the River) in southern New South Wales about 2.5 kilometres from the town centre of Moama. On 5 June 1995, a company known as North Mitmac Pty Ltd (Mitmac), the original vendor, sub-divided the land comprising the Estate that was previously contained in two lots into Lots numbered 1 to 21 in Deposited Plan 849935 (the Deposited Plan). Some of the properties in the Estate, Lots 7 to 16, back onto the public reserve and the River.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate