NSW Caselaw
Reported Decision : 75 NSWLR 629
New South Wales Supreme Court
CITATION : Sahab Holdings Pty Limited v Registrar-General & Anor [2009] NSWSC 1143 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 26-27 May, 5 & 26 June 2009
JUDGMENT DATE : 26 October 2009
JURISDICTION : Equity
JUDGMENT OF : Slattery J at 1
ORDERS: (1) Order the first defendant to file an appearance in accordance with UCPR r 6.9 within 14 days, namely by Monday 9 November 2009. (2) Order the first defendant to provide the plaintiff with the first defendant's reasons for his decision on 22 November 2001 to delete the covenants and right of way in Transfer no. A752953 from the folio of the register for folio identifier A/404929 (the 2001 decision) within 21 days of the date of this order, namely by Monday 16 November 2009. DECISION : (3) Direct the plaintiff to file any supplementary final submissions dealing with issues arising from the first defendant's reasons for the 2001 decision by Monday 23 November 2009. (4) Direct the first and second defendants to file any supplementary final submissions either in reply to the plaintiff's submissions pursuant to direction (3) or otherwise dealing with issues arising from the first defendant's reasons for the 2001 decision by Monday 30 November 2009. (5) Direct the plaintiff to file any submissions in reply to the first or second defendants' submissions by Monday 7 December 2009. (6) Grant liberty to the parties to apply on one day's notice. (7) Costs are reserved.
CATCHWORDS : REAL PROPERTY - restrictive covenants - proceedings to review the decision of Registrar-General's decision removing a right of way from the folio of the reister for the servient tenement - reasons for the decision of Registrar-General ordered to be provided pursuant to duty under s 121 Real Property Act 1900 - duty enforceable under s 65 Supreme Court Act 1970 - submitting appearance under UCPR r 6.11not permitted due to Registrar-General's adversarial role in proceedings
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