Introduction The Supreme Court has the power to grant easements if the easement is “reasonably necessary for the effective use or development of other land that will have the benefit of the easement”: s 88K(1) of the Conveyancing Act 1919…
In a recent Supreme Court decision, the Court exercised its discretion to impose an easement over the defendant’s land to provide access to landlocked land, after the defendant constructed a gate to prevent informal access. The plaintiffs had used the informal…
The Supreme Court of NSW (Supreme Court) has considered whether a landowner, who was successful in an appeal against the failure of the council to recategorise its land as farmland, was subsequently entitled to a refund of the amount of…
The decision of the Supreme Court in 123 259 932 Pty Ltd v Cessnock City Council (No 2) [2021] NSWSC 1329 is a reminder that public authorities should exercise caution when entering into contracts that require the authority to take reasonable action…
A recent Supreme Court decision provides some guidance as to the extent to which it is open for a tenderer to vary the terms of its offer after submission of its response to an invitation to tender, and at what…
The recent decision of Rein J in the Equity Division of the Supreme Court of NSW in Wentworth Shire Council v Bemax Resources Limited and Ors [2013] NSWSC 1047 is a timely reminder that well-established legal rules govern the validity of contracts…
The Court of Appeal has confirmed a Supreme Court decision which saw a land-locked lot at Earlwood granted an easement over the Council’s community land used for (access to) a park. The fact that the purchaser of the land knew…
A recent case in the Supreme Court of New South Wales has highlighted the importance of avoiding or managing non-pecuniary conflicts of interests. Although the case involved a councillor, all persons bound by the Code of Conduct, including council staff and…
On 28 May 2012 Latham J of the the Supreme Court of NSW delivered judgment in the case of Streller v Albury City Council [2012] NSWSC 729. The principle issue was whether the Council owed a duty of care to…
In Samy Saad v City of Canterbury [2012] NSWSC 389 the Supreme Court imposed an easement in the form of a right of way (‘ROW‘) over a council owned public reserve to facilitate access to landlocked residential land to enable the owner to…
On 1 March 2012 the New South Wales Supreme Court delivered a judgment in Ryding v Miles & Ors [2012] NSWSC 153. In issue in the case was whether the terms of a lease obliged the owners to give their…