Campbell v Hamilton

[2019] HCASL 207

CAMPBELL

v

HAMILTON & ORS

[2019] HCASL 207
S116/2019

1. The applicant requires an extension of time to enable this application for special leave to appeal to proceed. By the application, the applicant seeks to challenge the conclusion of the Court of Appeal of the Supreme Court of New South Wales (White JA, with whom Beazley P and Gleeson JA agreed) that an instrument creating an easement in favour of the respondents "clearly indicate[d]" the land to which the benefit of the easement was appurtenant, within the meaning of s 88(1)(a) of the Conveyancing Act 1919 (NSW), and therefore that the easement binds the applicant's successors in title.

2. In our view, the application does not raise a question of legal principle of any merit.  Accordingly, special leave to appeal should be refused, and it would be futile to grant the extension of time that is required.

3. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
19 June 2019 S.J. Gageler