XR Property Developments Pty Limited v Denning Real Estate Pty Limited (No 2) [2016] NSWSC 556

Supreme Court New South Wales

Medium Neutral Citation: XR Property Developments Pty Limited v Denning Real Estate Pty Limited (No 2) [2016] NSWSC 556 Hearing dates: 29 April 2016 Date of orders: 05 May 2016 Decision date: 05 May 2016 Jurisdiction: Equity Before: Young AJA Decision: 1. I note that the parties will enter into a licence agreement over the encroachment in the form attached to the Defendant's submissions on quantum of 26 April 2016. 2. I order that compensation in addition for disturbance to the amount of $500 be paid by the Defendant to the Plaintiff. 3. I order that the Defendant pay the Plaintiff's costs up to and including 18 December 2015 on the ordinary basis other than the costs of the view. 4. The costs of the view and the costs after 18 December 2015 are to be borne by the party incurring them. Catchwords: ENCROACHMENT OF BUILDINGS – Compensation - basis Legislation Cited: Encroachment of Buildings Act 1922 (NSW) Cases Cited: Re Marsh (1941) 42 SR (NSW) 21 Llavero v Shearer [2014] NSWSC 1336; 17 BPR 33,381 G & R Wills & Co Ltd v Adelaide Corporation [1962] HCA 61; (1962) 108 CLR 1 Firebird Global Master Fund II Ltd v Republic of Nauru (No 2) [2015] HCA 53; 90 ALJR 270 Re Rose Bay Bowling and Recreation Club Ltd (1935) 52 WN (NSW) 77 Texts Cited: Rost R D and H D Collins, Land Valuation and Compensation in Australia (Commonwealth Institute of Valuers, 1971) Category: Principal judgment Parties: XR Property Developments Pty Limited (Plaintiff/first Cross-Defendant) Denning Real Estate Pty Limited (Defendant/Cross-Claimant) Representation: Counsel: Ms I J King (Plaintiff/Cross-Defendant) Mr M Ashhurst SC (Defendant/Cross-Claimant)