Farthing v Wollongong City Council [2019] NSWLEC 1454

Land and Environment Court New South Wales

Medium Neutral Citation: Farthing v Wollongong City Council [2019] NSWLEC 1454 Hearing dates: Conciliation conference on 9 August 2019 Date of orders: 24 September 2019 Decision date: 24 September 2019 Jurisdiction: Class 3 Before: Froh R Decision: The Court orders: (1) The Application is upheld, subject to the terms of Order (2). (2) The Respondent is to transfer to the Applicants 13.519 square metres of land currently forming part of Lot 1 DP215187, Lot 1 DP40233 and Lot 187 DP13182, as shown as Lots 100,101 and 102 on the plan of proposed acquisition at Annexure A, prepared by C Robson Surveyors, dated 28 June 2019. (3) The Applicants are to pay the Respondent the amount of $24,247.00 (inclusive of GST) as compensation for the transfer of land referred to in Order (2) within 21 days of the date of this decision. (4) Each party is to pay its own costs. Catchwords: ENCROACHMENT OF BUILDINGS – conciliation conference – agreement between the parties – orders Legislation Cited: Encroachment of Buildings Act 1922 Land and Environment Court Act 1979 Category: Principal judgment Parties: Peter Farthing (First Applicant) Kay Farthing (Second Applicant) Wollongong City Council (Respondent) Representation: Counsel: A Pearman (Applicants) J Reilly (Solicitor) (Respondent)

Solicitors: PDC Lawyers and Planners (Applicants) Wollongong City Council (Respondent) File Number(s): 2019/129540 Publication restriction: No