NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Denshire v Newcastle City Council [2017] NSWSC 577 Hearing dates: 10 May 2017 Date of orders: 10 May 2017 Decision date: 10 May 2017 Jurisdiction: Equity Before: Darke J Decision: Orders made for extinguishment of three easements. Catchwords: REAL PROPERTY – easements – extinguishment of easements – where extinguishment of easements a requirement of development consent – whether easements obsolete – whether extinguishment would cause substantial injury – easements extinguished subject to conditions Legislation Cited: Conveyancing Act 1919 (NSW), s 89(1) Cases Cited: Durian (Holdings) Pty Ltd v Cavacourt Pty Ltd (2000) 10 BPR 18,099; [2000] NSWCA 28 Fincob Pty Ltd v Campbelltown City Council [2010] NSWSC 349 Laris v Lin (No 2) (2016) 18 BPR 35,917; [2016] NSWSC 560 Loclot Pty Ltd v Pullen (2003) 56 NSWLR 592; [2003] NSWSC 67 Manly Properties Pty Ltd v Castrisos [1973] 2 NSWLR 420 Re Mason and the Conveyancing Act [1962] NSWR 762 Tujilo v Watts (2005) 12 BPR 23,257; [2005] NSWSC 209 Category: Principal judgment Parties: Warwick Maxwell Denshire (First Plaintiff) Denshire Investments Pty Ltd (Second Plaintiff) Newcastle City Council (Defendant) Representation: Counsel: Mr J Dooley (Plaintiffs)
Solicitors: Richard Arthur Murphy (Plaintiffs) James Marshall, Legal Services Unit, Newcastle City Council (Defendant) File Number(s): 2017/74778 Publication restriction: None
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