• NSW Supreme Court Equity Division Proceedings (Real Property List) 2022/00325428 – Curiosity House Pty Ltd v Carsingha Investments Pty Ltd – Interim injunction to restrain the defendant from causing the plaintiff to demobilise its display / activation.
• NSW Supreme Court Equity Division Proceedings (Real Property List) 2022/00161699 – Application for declaration that easement for right of way exists by implication of law pursuant to the principles of Dabbs.**
• NSW Supreme Court Equity Division Proceedings (Real Property List) 2022/29548 – Application under s 89 Conveyancing Act for modification of an easement; claim for damages for trespass. Being case managed to final hearing.**
• NSW Supreme Court Equity Division Proceedings (Real Property List) 2021/75630 – Proceedings for the specific enforcement of a contract to convey rural property. Being case managed to final hearing.
• NSW Supreme Court Equity Division Proceedings (Real Property List) 2022/99206 – Action for specific performance of a contract for the sale of land. Various defences raised. Being case managed to final hearing.
• NSW Supreme Court Equity Division Proceedings (Real Property List) 2022/229451 – Claim in nuisance for unreasonable interference with an easement for parking.**
• NSW District Court Proceedings 2021/297944 – Alleged trespass by television crew and consequent alleged publication of material filmed on premises [ongoing proceedings].
• NSW Supreme Court Equity Division Proceedings (Real Property List) 2021/268328 – Application for an order under section 88K of the Conveyancing Act for the imposition of an easement for stormwater drainage [ongoing proceedings].**
• NSW District Court Proceedings 2022/46799 – Action upon an alleged director’s guarantee [ongoing proceedings].
• NSW Supreme Court Equity Division Proceedings (Real Property List) 2022/99206 – Action for specific performance of a contract for the sale of land [ongoing proceedings].
• NSW Supreme Court Equity Division Proceedings (Real Property List) – Application for various easements including access, services etc. for agricultural purposes.
Easements and Covenants – various advices covering**:
(i) Advising a developer whose land is burdened by an easement for carriageway as to what construction they can carry out on their land, having regard to the easement
(ii) Advice as to whether there can be a passing bay on a right of carriageway.
(iii) Lengthy negotiation as to whether there is an existing easement by virtue of adverse possession. Alternatively, whether an easement can be obtained under s 88K Conveyancing Act.
(iv) Advice as to whether a servient owner in respect of a right of carriageway has obstructed use by placing objects etc. across it.
(v) Advising in a number of matters where the full width of the easement is not available for practical use and considering whether the servient owner can be compelled to provide access to every last inch.
(vi) Advice as to whether the overland flow of water constitutes an actionable nuisance. Further advising as to the legality of a Development Control Order (DCO) issued by Local Council in that regard.
(vii) Advice in relation to the sale of a country pub, as to the validity of a notice to complete issued by the vendor; return of deposit.
[N.B. Easement/Covenant cases and advices are marked with **]