Lord v McMahon (No. 4) [2016] NSWSC 1854

Supreme Court New South Wales

Medium Neutral Citation: Lord v McMahon (No. 4) [2016] NSWSC 1854 Hearing dates: 8 December 2015 Date of orders: 20 December 2016 Decision date: 20 December 2016 Jurisdiction: Equity Before: Slattery J Decision: The form of final relief is settled; see paragraph [25]. Catchwords: EQUITY – final relief – issues as to form of final mandatory injunctive relief to alleviate a nuisance by water – whether some matters still to be agreed will be referred to in the final relief – whether the form of final relief should dictate a particular outcome or be made to conform to a particular engineer's plans – what should be the extent of the charges over the land to secure payment for the works over the adjoining properties. Legislation Cited: Dividing Fences Act 1991 (NSW) Cases Cited: Lord v McMahon [2015] NSWSC 1619 Lord v McMahon (No. 2) [2016] NSWSC 1153 Lord v McMahon (No. 3) [2016] NSWSC 1686 Category: Principal judgment Parties: Plaintiff: Heather Lord First Defendant: Stephen McMahon Representation: Counsel: Plaintiff: C.A. Vindin Defendant: G. Waugh

Solicitors: Plaintiff: Glenn Henniker Defendant: Grant John Hodgson File Number(s): 2013/223473 Publication restriction: No

Judgment 1. This is the Court's fourth judgment in these proceedings. In the orders made with the Court's third judgment on 1 December 2016, the Court directed the parties to bring in short minutes of order to give effect to its reasons: Lord v McMahon (No. 3) [2016] NSWSC 1686. The parties have not been able to agree upon short minutes of order. So a further hearing was necessary on 8 December 2016 to resolve the remaining differences between the parties about the final orders. Following that hearing, this judgment explains the form of final orders. 2. Events, matters and persons are referred to in this judgment in the same way as they are in the Court's three previous judgments. This judgment should read together with the Court's prior judgments in these proceedings.