Arinson Pty Limited v City of Canada Bay Council (No 2)

Land and Environment Court New South Wales Case Title: Arinson Pty Limited v City of Canada Bay Council (No 2) Medium Neutral Citation: [2014] NSWLEC 167 Hearing Date(s): 22 October 2014 Decision Date: 22 October 2014 Jurisdiction: Class 4 Before: Biscoe J Decision: By consent, Order 2 made on 2 May 2014 is stayed pending determination of the appeal to the Court of Appeal. Catchwords: PRACTICE AND PROCEDURE - stay of an order for payment within 28 days of compensation for an easement granted by the Court pending determination of an appeal. Legislation Cited: Conveyancing Act 1919 s 88K Cases Cited: Arinson Pty Limited v City of Canada Bay Council [2014] NSWLEC 43 Category: Procedural and other rulings Parties: Arinson Pty Limited (First Plaintiff) Omaya Holding Pty Limited (Second Plaintiff) Omaya Investments Pty Limited (Third Plaintiff) City of Canada Bay Council (Defendant) Representation - Counsel: COUNSEL: S Sattout, solicitor (Plaintiffs) S Jacobs, solicitor (Defendant) - Solicitors: SOLICITORS: Sattouts Legal (Plaintiffs) Maddocks (Defendant) File Number(s): 40092/14 EX TEMPORE JUDGMENTOn 2 May 2014 I made the following orders in this proceeding (Arinson Pty Ltd v City of Canada Bay Council [2014] NSWLEC 43):1. Pursuant to section 88K of the Conveyancing Act 1919, that the easements identified in Annexure A to these Orders be created burdening the land identified on the Plan of Easements over Lot 1 in Deposited Plan 1059024, which forms part of Annexure A to these Orders, and benefiting Lots 9, 10, 11, 12 and 14 in Deposited Plan 2409...