Sahab Holdings Pty Ltd v Registrar-General [2011] NSWCA 395

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sahab Holdings Pty Ltd v Registrar-General [2011] NSWCA 395 Hearing dates: 23 June 2011 Decision date: 15 December 2011 Before: McColl JA at 1, Campbell JA at 2, Tobias AJA at 2 Decision: (1) Direct the parties by 3 February 2012 to file and serve agreed Short Minutes of the orders to be made to give effect to these reasons for judgment. (2) In the event that such agreement is not possible, direct the parties to file and serve by 3 February 2012 their respective drafts of such short minutes, together with written submissions in support of their respective drafts, and providing reasons why the draft of the opposite party is inappropriate, each such written submission not to exceed 8 pages without the leave of the court. (3) Grant liberty to apply to any judge who heard the present appeal on 24 hours notice concerning such leave. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: REAL PROPERTY - Easements - Registrar-General expunged right of way from folios in the Register relating to two properties - expungement was procured by mistaken but arguable interpretation of terms of covenants - whether Registrar-General can be compelled to restore right of way to folios in the Register of the two properties -