RVA Australia Pty Ltd v Rosemary Elizabeth Marzouk (No 2)

[2017] NSWLEC 168

Land and Environment Court

New South Wales

Medium Neutral Citation:	RVA Australia Pty Ltd v Rosemary Elizabeth Marzouk (No 2) [2017] NSWLEC 168
Hearing dates:	29 August 2017
Date of orders:	08 December 2017
Decision date:	30 November 2017
Jurisdiction:	Class 3
Before:	Robson J
Decision:	See orders at [3]
Catchwords:	SLIP RULE – clerical amendments to the terms of an easement – by consent
Legislation Cited:	Conveyancing Act 1919 (NSW), s 88B Land and Environment Court Act 1979 (NSW), s 40 Surveying and Spatial Information Regulation 2017 (NSW) Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited:	RVA Australia Pty Ltd v Rosemary Elizabeth Marzouk [2017] NSWLEC 160
Category:	Consequential orders (other than Costs)
Parties:	RVA Australia Pty Ltd (Applicant) Rosemary Elizabeth Marzouk (Respondent)
Representation:	Counsel: S Duggan SC (Applicant) Submitting Appearance (Respondent)   Solicitors: Mills Oakley (Applicant) Maurice Buckley C T Poole & Son (Respondent)
File Number(s):	2017/00190236

Judgment

1. On 30 November 2017, I handed down judgment in RVA Australia Pty Ltd v Rosemary Elizabeth Marzouk [2017] NSWLEC 160 imposing an easement, under s 40(2) of the Land and Environment Court Act 1979 (NSW). The Court orders contained Annexure A, setting out the precise terms of the easement to be created pursuant to s 88B of the Conveyancing Act 1919 (NSW) and Annexure B, the deposited plan administration sheet. On 4 December 2017, the applicant’s solicitors approached the Court noting that Annexure A and Annexure B contained a number of minor textual errors being:

1. In Annexure A:

1. a typographical error where the letters “ofs” should be “of”;

2. an absence of an indicated space for the provision of the signature, name, or address of the witness; and

3. minor changes in the presentation of the administration and plan sheets (which is in a prescribed form) arising from the coming into force on 1 September 2017 of the Surveying and Spatial Information Regulation 2017 (NSW).

2. In Annexure B:

1. in the “datum line” of the certificate of survey, the text “N/A” is incorrect and the text “X-Y” should appear; and

2. the reference in the deposited plan administration sheet “D.P. 226978” should be “D.P. 226578”.

2. Since the applicant’s solicitors approached the Court on 4 December 2017, confirmation has been received that the respondent’s solicitors consent to the above changes, which I consider are minor and able to be effected pursuant to Part 36 rule 36.17 of the Uniform Civil Procedure Rules 2005 (NSW).

Orders

3. The Court orders that:

1. Pursuant to rule 36.17 of the Uniform Civil Procedure Rules 2005 (NSW) the orders made in RVA Australia Pty Ltd v Rosemary Elizabeth Marzouk [2017] NSWLEC 160 on 30 November 2017 are amended by omitting Annexure A and Annexure B from those orders and instead substituting Annexure A and Annexure B of this order.

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Annexure A - 88K Instrument (83.6 KB, pdf)

Annexure B - Deposited Plan Administration Sheet & Plans of Easement (2.18 MB, pdf)