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Property
21 March, 2024

Has the right of carriageway been abandoned?

Castle v Achdjian NSWSC 1340 In the case of Castle v Achdjian NSWSC 1340, the Supreme Court of NSW had to decide whether a right of carriageway was abandoned and could be obstructed by the owners of the burdened land.  This case demonstrates the continuing complexities and evidentiary requirements that…
Property
8 February, 2024

Enforceability Of Positive Covenants

Aust-One Investment Pty Ltd V New World Investments Pty Ltd NSWCA 22 Covenants that are registered on title and that ‘run with the land’ are restrictive in nature, a principle which is confirmed at common law and by statute. The general rule at common law is that the burden of…
Property
9 October, 2023

Forfeiture of lease and relief for sublessees

A summary of Synergy Scaffolding Holdings Pty Ltd v Goodman Funds Management Australia Limited as trustee for GAI1 RPF Subtrust of the Hayesbery NSWSC 538 In this Supreme Court of New South Wales decision, the Summons filed by the Plaintiffs, the sublessees, in respect of relief sought against forfeiture of…
Property
22 September, 2023

Overview On Incentive Clawbacks

The effectiveness of incentive clawback provisions, whilst common in commercial leasing transactions, continues to be uncertain. Perhaps it is time to consider alternatives. See details below. Some recent cases In brief summary: Courts are open to interpreting an incentive clawback clause as potentially not being a penalty where it gives…