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). Orders 1. The Court orders that: 1. Pursuant to rule 36.17 of the Uniform Civil Procedure Rules 2005 (NSW) the orders made in RVA Australia Pty Ltd v Rosemary Elizabeth Marzouk [2017] NSWLEC 160 on 30 November 2017 are amended by omitting Annexure A and Annexure B from those orders and instead substituting Annexure A and Annexure B of this order. ********** Annexure A - 88K Instrument (83.6 KB, pdf) Annexure B - Deposited Plan Administration Sheet & Plans of Easement (2.18 MB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 08 December 2017