Mehmet Cihan v City of Sydney RSL Club Co- Op Ltd [2011] NSWSC 1417

Supreme Court New South Wales

Medium Neutral Citation: Mehmet Cihan v City of Sydney RSL Club Co- Op Ltd [2011] NSWSC 1417 Hearing dates: 11/11/2011 Decision date: 24 November 2011 Jurisdiction: Equity Division Before: Acting Justice Windeyer Decision: Separate questions answered (a) No, (b) Yes. Catchwords: REAL PROPERTY - Torrens title land- Notification on computer folio referring to easement over land as shown on earlier Certificate of Title- No indication of the dominant tenement or instrument creating the easement- Easement created when land was under old system title- Whether easement recorded on Certificate of Title Legislation Cited: Land Titles Act 1980 (TAS) Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Bursill Enterprises Pty Limited v Berger Bros. Trading Co Pty Limited (1971) 124 CLR 73 Gibbs v Messer [1891] AC 248 R v Recorder of Titles; Ex parte (1991) TasR (NC) 4 Siemenski v Brooks Nominees [1990] Tas R 236 Westfield Management Limited v Perpetual Trustee Company Limited (2007) 233 CLR 528 Category: Principal judgment Parties: Mehmet Cihan (Plaintiff) City of Sydney RSL & Community City Club Co-originating process Limited (Second Defendant) Kulin Holdings Pty Limited (Third Defendant) Owners Corporation, Strata Plan 32388 (Fourth Defendant) Registrar-General (Fifth Defendant) Representation: Mr DL Warren (Plaintiff) Mr T Lynch (Second, Third and Fourth Defendants) Mr H Agan (Fifth Defendant) MCK Lawyers (Plaintiff) Piggott Stinson (Second, Third and Fourth Defendants) Kelvin O'Keefe (Solicitor for the Registrar-General of NSW) File Number(s): 2009/00291737