Panfili v Lawless [2010] NSWSC 79

New South Wales Supreme Court

CITATION : Panfili v Lawless [2010] NSWSC 79

HEARING DATE(S) : 02-04 February 2010

JUDGMENT DATE : 4 February 2010

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 4 February 2010

1. The defendants and each of them, at their expense, promptly do all things necessary to be done on their part: (a) to remove or cause to be removed: (i) the three trees at the eastern extremity of the right of carriageway on lot C in DP 416799 and associated garden bed and retaining walls; and (ii) the most easterly six trees of the plantings at the eastern end of the Gladstone Avenue frontage to the west of the current gap in such plantings, and the associated garden bed and retaining wall at the position of those trees; and (b) reduce the level of the driveway on the said lot C right of carriageway to such extent as may be necessary to make it readily accessible by vehicles travelling to or from the right of carriageway on lot B in DP 416799, or using the said lot C right of carriageway to manoeuvre into the north-south extension of the said lot B right of carriageway. DECISION : 2. Reserve the proceedings for further consideration and grant liberty to apply on reasonable notice. 3. Order that the claims for relief in the summons and the statement of claim be otherwise dismissed. 4. Order that the cross-claim dismissed. 5. The exhibits may be returned after 28 days. 6. These orders may be entered forthwith. 7. Order that the defendants pay the plaintiff's costs of the proceedings on the ordinary basis.