Tempe Recreation (D.500215 and D.1000502) Reserve Trust v Sydney Water Corporation [2014] NSWCA 437

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tempe Recreation (D.500215 and D.1000502) Reserve Trust v Sydney Water Corporation [2014] NSWCA 437 Hearing dates: 11 November 2014 Decision date: 19 December 2014 Before: Basten JA at [1]; Emmett JA at [2]; Leeming JA at [27] Decision: 1. Appeal dismissed. 2. Grant leave to Sydney Water to cross-appeal. 3. Allow the cross-appeal, set aside order 2 made on 24 December 2013 and the orders made on 20 March 2014, and in lieu thereof order that (1) Sydney Water pay the Trust's costs up to and including 13 February 2013, (2) no order as to costs for the balance of the proceedings, with the intention that the parties bear their own costs, (3) otherwise dismiss the notice of motion filed on 11 February 2014 (with no order as to the costs of that motion). 4. The Trust to pay Sydney Water's costs in this Court. [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: EASEMENTS - construction - whether permissible to have regard to the terms of other easements in same registered memorandum - relevance of structure of definitions - relevance of textual similarities - relevance of defined term itself

RESUMPTION AND ACQUISITION OF PROPERTY - easement acquired over land managed by reserve trust - determination of compensation - Crown Lands Act 1989 (NSW), s 106A