Lilie Jurleta v Zhong Xing Liu [2017] NSWSC 1015

Supreme Court New South Wales

Medium Neutral Citation: Lilie Jurleta v Zhong Xing Liu [2017] NSWSC 1015 Hearing dates: 21 July 2017 Date of orders: 21 July 2017 Decision date: 21 July 2017 Jurisdiction: Equity Before: Emmett AJA Decision: (1) Within 7 days of the date of this order, the Defendant:

(a) sign the original of the plans, a copy of which is Exhibit 5, and provide the signed plans to the Plaintiff to enable them to be lodged with Land and Property Information (LPI);

(b) produce to the Plaintiff or procure Mr Kiong Low to produce to the Plaintiff, the certificate of title for DP 3/307369; and

(c) produce to the Plaintiff or procure Mr Kiong Low to produce to the Plaintiff, the signed transfer creating easement signed on 3 February 2017, a copy of which is Exhibit 6, to enable it to be lodged with LPI.

(2) In default of compliance with order 1 above, the Registrar of the Court be authorised to take each of those steps or actions on behalf of the Defendant.

(3) The Defendant take all necessary steps required by LPI to enable the easement, the subject of the plans, to be registered on the title.

(4) The Defendant pay the Plaintiff's costs of the proceedings on the ordinary basis.

(5) Note the undertaking given on behalf of the Plaintiff that any drain pipe laid in the land subject to the easement will be laid as far as possible 15 centimetres east of the centre line shown on the plans.

(6) Liberty to apply on 3 days' notice in relation to compliance with orders 1 and 3 above.

(7) The balance of the proceedings be stood over to the Registrar's list on 30 October 2017. Catchwords: REAL PROPERTY – torrens title – easements Legislation Cited: Conveyancing Act 1919 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Lilie Jurleta (Plaintiff) Zhong Xing Liu (Defendant) Representation: Counsel: J Lazarus (Plaintiff) Z Liu (in person)