NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Mt Kembla Kids Pty Ltd v McCallum [2019] NSWLEC 1634 Hearing dates: Conciliation conference on 19 December 2019 Date of orders: 19 December 2019 Decision date: 19 December 2019 Jurisdiction: Class 3 Before: Gray C Decision: The Court orders that: (1) The building erected on the property with folio identifier 1/158694 known as 2 Benjamin Road, Mount Kembla, New South Wales encroaches on the property with folio identifier 2/158694 known as 4 Benjamin Road, Mount Kembla; (2) The Respondent is to remove the encroachments identified in the Survey Report prepared by Masters Surveying dated 22 December 2017 annexed to these orders and marked "A" by 31 March 2020; (3) No orders as to compensation; and (4) Each party is to bear its own legal costs. Catchwords: APPLICATION – encroachment – conciliation conference – agreement reached – encroachment to be removed Legislation Cited: Encroachment of Buildings Act 1922 Land and Environment Court Act 1979 Category: Principal judgment Parties: Mt Kembla Kids Pty Ltd (First Applicant) Modvest Pty Ltd (Second Applicant) Marion McCallum (Respondent) Representation: Counsel: O Yeatman (Solicitor) (Applicants) J Corradini-Bird (Solicitor) (Respondent)
Solicitors: RMB Lawyers (Applicants) Marsdens Law Group (Respondent) File Number(s): 2019/122174 Publication restriction: No
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