Campbell v Crane [2013] NSWCA 43

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Campbell v Crane [2013] NSWCA 43 Hearing dates: 30 January 2013 Decision date: 06 March 2013 Before: Bathurst CJ at [1]; Barrett JA at [2]; Tobias AJA at [3] Decision: Appeal dismissed with costs. [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 - Encroachment on neighbouring property - claims for trespass - order for conveyance of narrow strip of land along boundary - damages and compensation - Whether Court erred in orders consequent on judgment of 2009 - construction of orders of Court of June 2009 - whether appellants entitled to compensation beyond the minimum amount by reference to matters set out in EBA, s 4(2) Legislation Cited: Encroachment of Buildings Act 1922 Uniform Civil Procedure Rules Cases Cited: University of Wollongong v Metwally (No 2) [1985] HCA 28; [1985] 59 ALJR 481 Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 Grant v YYH Holdings Pty Ltd [2012] NSWCA 360 Category: Principal judgment Parties: David and Margaret Campbell (Appellants) Steven Crane (Respondent) Representation: Counsel: P Bambagiotti (Appellants) G A Sirtes SC with E Peden (Respondent) Solicitors: Thomas Mitchell Solicitors (Appellants) Duncan Cotterill Lawyers (Respondent) File Number(s): CA60460 of 2012 Publication restriction: No