NSW Caselaw
New South Wales Supreme Court
CITATION : Jeloudev v William Lohman [2010] NSWSC 1229
HEARING DATE(S) : 20 September 2010 JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 20 September 2010
DECISION : Order that defendant consent to lodgement of development application. In default, Registrar to give consent.
CATCHWORDS : PROCEDURE – Judgments and orders – In general – Other matters – substituted performance – execution of document in name and on behalf of party by Registrar – whether order can be made in anticipation of non-compliance.
LEGISLATION CITED : (NSW) Civil Procedure Act 2005 s 94, s 149B (NSW) Environmental Planning and Assessment Regulation 2000, cl 49
CATEGORY : Procedural and other rulings
Ciavarella v Polimeni [2008] NSWSC 541 Commonwealth Bank of Australia v Gaszewski [2006] NSWSC 772 CASES CITED : Folley v Marafioti (No 2) (1972) 9 SASR 9 Kirkjian v Towers [1987] NSWSC (Unreported, Waddel J, 6 July 1987) Savage v Norton [1908] 1 Ch 290 Sertari Pty Ltd v Nirimba Developments Pty Ltd [2007] NSWCA 324
PARTIES : Tamara Jeloudev (plaintiff) William Lohman (defendant)
FILE NUMBER(S) : SC 10/288002
COUNSEL : Mr I Hemmings (plaintiff)
SOLICITORS : Hunt & Hunt (plaintiff)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION EXPEDITION LIST
BRERETON J
Monday, 20 September 2010
2010/288002 Tamara Jeloudev v Willam Lohman JUDGMENT (ex tempore) 1 HIS HONOUR: The plaintiff Tamara Jeloudev is the registered proprietor of lot 105 in deposited plan 6017XX situate and known as 29B XXXXX Street, Beecroft. Her land is one of 4 lots in the plan, the others being lots 103, 106, and 107. Each of those lots has access to XXXXX Street over a right of carriageway constituted by four adjacent strips of land each 3.05 metres wide, together creating an access handle of some 12.2 metres at the widest point, but progressively narrowing towards the rear to 6.1 metres. Each relevant lot, is benefited by an easement over the access handle of each other lot so that the plaintiff's land has the benefit of a right of carriageway over the access handles to lots 103, 106 and 107.
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