NSW Caselaw
New South Wales Supreme Court
CITATION : McCrow v Chaplin [2009] NSWSC 965
HEARING DATE(S) : 27 August 2009 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 27 August 2009
CATCHWORDS : REAL PROPERTY – Torrens title – Easements – Right of carriageway – right to fence – Where plaintiff has right of carriageway over access handle to defendant's property – where plaintiff claims that defendant has obstructed right of carriageway by erecting fence along the boundary of the right of carriageway – where gate cannot be opened from plaintiff's side – extent of access points permitted from easement to dominant land – held: existing gate to be rendered able to be opened from within dominant land – plaintiff would not be exceeding reasonable user by relocating gate or installing second access point. – COSTS – general rule – costs follow the event – whether to depart from general rule – where plaintiff pursued claims to relief to which not entitled – where plaintiff made offer of compromise though not in compliance with UCPR r 20.26 – where if offer accepted defendant would have been no worse off – held: defendant to pay plaintiff's costs
LEGISLATION CITED : (NSW) Conveyancing Act 1919 s 181A (NSW) Uniform Civil Procedure Rules 2005 r 20.26
CATEGORY : Principal judgment
CASES CITED : Trewin v Felton (2007) 13 BPR 24,579, [2007] NSWSC 851
PARTIES : Kenneth Bruce McCrow (plaintiff) Leslie Bert Chaplin (defendant)
FILE NUMBER(S) : SC 5965/08
COUNSEL : Mr P Singleton (plaintiff) Mr A Pickles (defendant)
SOLICITORS : LD Rogers Solicitor (plaintiff) Kemp Strang (defendant)
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