Studholme v Rawson [2020] NSWCA 76

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Studholme v Rawson [2020] NSWCA 76 Hearing dates: 30 March 2020 Date of orders: 24 April 2020 Decision date: 24 April 2020 Before: Bell P at [1]; Basten JA at [30]; Gleeson JA at [200] Decision: (1) Allow the appeal and set aside orders 1-10 made in the Equity Division on 30 January 2019 and order 1 made on 3 October 2019. (2) Order that the defendant pay the plaintiffs' costs in the Equity Division incurred between 4 May and 17 May 2017. (3) Subject to order (2), order that the plaintiffs pay the defendant's costs of the trial in the Equity Division. (4) Remit the proceeding to the Equity Division for the purpose of determining the appropriate terms and conditions of the grant of an easement for a right of carriage way for the purposes of Sch 8, Pt 1 of the Conveyancing Act 1919 in favour of the plaintiffs. (5) Order that the respondents pay the appellant's costs in this Court. (6) Grant the respondents a certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: APPEAL – grounds – order of consideration – bias – effect on trial – need to address first

BIAS – prejudgment – trial judge expressed views based on filed evidence – views expressed to counsel in chambers – reliance on statements in judgment – reliance on overriding purpose in Civil Procedure Act 2005 (NSW), Pt 6 – acquiescence or waiver – statements revealing legal error, not prejudgment

REAL PROPERTY – easements – compensation – assessment of compensation for owner of servient tenement – application of valuation principles in determining compensation payable – need to determine terms and conditions of easement before assessing compensation – Conveyancing Act 1919 (NSW), s 88K(4)