Devereaux v Kyriazis [2020] NSWLEC 1048

Land and Environment Court New South Wales

Medium Neutral Citation: Devereaux v Kyriazis [2020] NSWLEC 1048 Hearing dates: 23 January 2020 Date of orders: 04 February 2020 Decision date: 04 February 2020 Jurisdiction: Class 3 Before: Clay AC Decision: The Court orders: (1) Grant leave to Mr Tony Kyriazis to appear for the Respondents. (2) Order the Respondents to remove the encroachment of the shed as identified in pink highlight in the survey report of C&A Surveyors dated 3 June 2019 a copy of which is Annexure A hereto by 21 February 2020. (3) Note the agreement between the parties that the shed referred to in Order 2 will be removed to be not less than 7 cm clear of the boundary by 21 February 2020. (4) Order the Respondents to remove the encroachment of the verandah and eaves and gutters as identified in pink highlight in the survey report of C&A Surveyors dated 3 June 2019 a copy of which is Annexure A hereto by 21 February 2020. (5) Reserve costs. Catchwords: DEVELOPMENT APPLICATION – hearing – consent orders – orders Legislation Cited: Encroachment of Buildings Act 1922 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Category: Principal judgment Parties: Christopher Devereaux (First Applicant) Bailan Devereaux (Second Applicant) Dimitrios Kyriazis (First Respondent) Sofia Kyriazis (Second Respondent) Representation: Counsel: D Campbell (Solicitor) (Applicants) T Kyriazis (Agent) (Respondents)