RVA Australia Pty Ltd v Rosemary Elizabeth Marzouk (No 2) [2017] NSWLEC 168

Land and Environment Court New South Wales

Medium Neutral Citation: RVA Australia Pty Ltd v Rosemary Elizabeth Marzouk (No 2) [2017] NSWLEC 168 Hearing dates: 29 August 2017 Date of orders: 08 December 2017 Decision date: 30 November 2017 Jurisdiction: Class 3 Before: Robson J Decision: See orders at [3] Catchwords: SLIP RULE – clerical amendments to the terms of an easement – by consent Legislation Cited: Conveyancing Act 1919 (NSW), s 88B Land and Environment Court Act 1979 (NSW), s 40 Surveying and Spatial Information Regulation 2017 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: RVA Australia Pty Ltd v Rosemary Elizabeth Marzouk [2017] NSWLEC 160 Category: Consequential orders (other than Costs) Parties: RVA Australia Pty Ltd (Applicant) Rosemary Elizabeth Marzouk (Respondent) Representation: Counsel: S Duggan SC (Applicant) Submitting Appearance (Respondent)

Solicitors: Mills Oakley (Applicant) Maurice Buckley C T Poole & Son (Respondent) File Number(s): 2017/00190236

Judgment 1. On 30 November 2017, I handed down judgment in RVA Australia Pty Ltd v Rosemary Elizabeth Marzouk [2017] NSWLEC 160 imposing an easement, under s 40(2) of the Land and Environment Court Act 1979 (NSW). The Court orders contained Annexure A, setting out the precise terms of the easement to be created pursuant to s 88B of the Conveyancing Act 1919 (NSW) and Annexure B, the deposited plan administration sheet. On 4 December 2017, the applicant's solicitors approached the Court noting that Annexure A and Annexure B contained a number of minor textual errors being: 1. In Annexure A: 1. a typographical error where the letters "ofs" should be "of"; 2. an absence of an indicated space for the provision of the signature, name, or address of the witness; and 3. minor changes in the presentation of the administration and plan sheets (which is in a prescribed form) arising from the coming into force on 1 September 2017 of the Surveying and Spatial Information Regulation 2017 (NSW). 1. In Annexure B: 1. in the "datum line" of the certificate of survey, the text "N/A" is incorrect and the text "X-Y" should appear; and 2. the reference in the deposited plan administration sheet "D.P. 226978" should be "D.P. 226578". 1. Since the applicant's solicitors approached the Court on 4 December 2017, confirmation has been received that the respondent's solicitors consent to the above changes, which I consider are minor and able to be effected pursuant to Part 36 rule 36.17 of the Uniform Civil Procedure Rules 2005 (NSW).