Preston v Baker [2020] NSWLEC 1038

Land and Environment Court New South Wales

Medium Neutral Citation: Preston v Baker [2020] NSWLEC 1038 Hearing dates: Conciliation conference on 20 January 2020 Date of orders: 20 January 2020 Decision date: 23 January 2020 Jurisdiction: Class 3 Before: Gray C Decision: The Court orders that:

(1) An easement for support 0.4 wide is granted in favour of Lot 335 DP869069 known as 48 Thompson Road, Speers Point over Lot 223 DP1102893 known as 48A Thompson Road, Speers Point in accordance with the survey by Troy SUMNER registered surveyor, dated 9 July 2018 and shown in Annexure (A) to these orders. (2) The terms of the easement are to be in accordance with the easement terms recorded in Annexure (B) to these orders. (3) The respondents are to pay the applicants compensation for the grant of the easement in the sum of $3500. (4) The respondents are to pay the costs of registration of the easement including mortgagee's fees and PEXA fees. (5) The respondents are to pay the applicants' costs to the sum of $4000 plus GST. Catchwords: Encroachment – conciliation conference – agreement between the parties – creation of an easement - orders Category: Principal judgment Parties: Benjamin Preston (First Applicant) Gail Elizabeth Preston (Second Applicant) David Mills Baker (First Respondent) Anne-Marie Baker (Second Respondent) Representation: Solicitors: A Kirsop, MRM Lawyers (Applicant) T Morgan, Baker Love Lawyers (Respondent) File Number(s): 19/242335 Publication restriction: Nil