Laris v Lin (No. 3) [2016] NSWSC 727

Supreme Court New South Wales

Medium Neutral Citation: Laris v Lin (No. 3) [2016] NSWSC 727 Hearing dates: 6 June 2016 Date of orders: 06 June 2016 Decision date: 06 June 2016 Jurisdiction: Equity Before: Slattery J Decision: Declaration made as to the fencing of the boundary between Lot 6 and Lot 7. Orders made for each party to bear his own costs of the proceedings. The trespass issues on the Cross-Claim (prayer for relief 7) adjourned for further directions to the Registrar. Catchwords: FINAL RELIEF AND COSTS – judgment given dismissing a claim for relief under Conveyancing Act 1919, s 89 but granting some relief as to the rights created under an easement – submissions as to the proper form of a declaration to be made consequent upon the Court's reasons in the principal judgment – whether each party should bear its own costs of the proceedings or whether some other order should be made – what directions should be made with respect to the balance of the issues in the proceedings, namely a claim for trespass. Legislation Cited: Conveyancing Act 1919, s 89 Uniform Civil Procedure Rules 2005, r 42.20 Cases Cited: Australia Wide Airlines Limited v Aspirion Pty Ltd [2006] NSWCA 365 Laris v Lin [2015] NSWSC 473 Laris v Lin (No. 2) [2016] NSWSC 560 Category: Procedural and other rulings Parties: Plaintiff/cross-defendant: George Laris Defendant/cross-claimant: Chun Hung Lin Representation: Solicitors: Plaintiff/cross-defendant: in person Defendant/cross-claimant: Robert Adrian Stoyef File Number(s): 2013/304889 Publication restriction: No