Castle Constructions Pty Limited v. Sahab Holdings Pty Ltd and Anor
Case No.
S263/2012
Case Information
Lower Court Judgment
5/04/2012 Supreme Court of New South Wales (Court of Appeal) (McColl, Campbell JJ and Tobias AJA)
Catchwords
Property – Real property – Powers of Registrar-General – On applicant's request the Registrar-General intentionally, albeit incorrectly, removed easement from applicant's property in the nature of a right of way benefitting neighbouring property – Subsequent purchaser of neighbouring property requested Registrar-General reinstate easement – Registrar-General declined – Whether, contrary to the principles of indefeasibility embodied in the Real Property Act 1900 (NSW) („the Act?) the easement should be reinstated to the Register – Whether Registrar-General has power to reinstate easement under s 12(1)(d) of the Act – Whether the term „omission? in ss 12(1)(d) and 42(1)(a1) of the Act encompasses deliberate removal of easement from the Register – Whether a court has power to reinstate easement under s 138 of the Act – Whether proceedings barred by s 12A(3) of the Act by reason of a failure to respond to notice of intention to remove the easement.
Documents
07/09/2012 Hearing (SLA, Sydney)
20/09/2012 Notice of appeal
27/09/2012 Notice of cross-appeal
02/10/2012 Written submissions (Appellant)
02/10/2012 Notice of Contention
03/10/2012 Chronology (Appellant)
03/10/2012 Written submissions (Second Respondents)
23/10/2012 Written submissions (First Respondents)
05/11/2012 Reply (Appellant)
30/10/2012 Reply (Second Respondent)
12/11/2012 Reply in Cross Appeal (First Respondents)
18/12/2012 Supplementary submissions (First Respondent)
23/01/2013 Reply to supplementary submissions (Appellant)
23/01/2013 Reply to supplementary submissions (Second Respondent)
25/01/2013 Chronology (First Respondents)
29/01/2013 Chronology (Second Respondents)
06/02/2013 Hearing (Full Court, Canberra)
10/04/2013 Judgment (Judgment summary)
30/10/2013 Judgment [No 2]