Whillas v Bradfield

Land and Environment Court New South Wales Medium Neutral Citation: Whillas v Bradfield [2015] NSWLEC 91 Hearing dates:2 June 2015Date of orders: 02 June 2015 Decision date: 02 June 2015 Jurisdiction:Class 4Before: Biscoe J Decision: By consent, the orders of the Court are as follows:(1) The hearing dates of 9 and 10 June 2015 for these proceedings and proceedings 40708 of 2012 are vacated.(2) Both proceedings are stood over for directions before the list judge on 4 September 2015.(3) The applicant is to write to the neighbouring land owners in relation to the applicant’s proposal to either purchase or seek an easement over a Crown road within seven days.(4) The applicant is to make an application to Crown Lands for either the purchase of the Crown road or an easement over the Crown road within 21 days.(5) The costs of the respondents’ notice of motion filed on 22 May 2015 are reserved. Catchwords: PRACTICE AND PROCEDURE – motion to vacate hearing dates. Legislation Cited: Conveyancing Act 1919 s 88K Category:Procedural and other rulingsParties: Andrew John Whillas (Applicant) Elizabeth Rose Bradfield (First Respondent) Alan Greet (Second Respondent) Representation: COUNSEL: M Shehadie (Applicant) A Isaacs (Respondent)) SOLICITORS: Michie Shehadie & Co (Applicant) M E McMahon & Associates (Respondent) File Number(s):40888/12Judgment This is a motion by the respondents (Bradfield and Greet) to vacate the hearing dates of 9 and 10 June 2015 in these and related proceedings and for an order that the applicant (Whillas) be given the opportunity to lodge an application...