Dated: 26 July 2021
Notice under s 89(4) of the Conveyancing Act 1919 (NSW)
Notice of application for extinguishment of Right of Way over the property at 34 Mary St, Northmead (being the land in folio identifier 56/8884)
Notice is hereby given that an application will be made to the Supreme Court of New South Wales by Robert John Chatterton and Veronica Myra Old, the registered proprietors of the property at 34 Mary St, Northmead, being the land in folio identifier 56/8884, for orders:
- extinguishing, or alternatively reducing to a width of 1.5m, the Right of Way created in transfer registered A899702, which currently creates a Right of Way 20 ft (approximately 6m) along the eastern boundary of that land in favour of certain land to the south of 34 Mary St, Northmead; and
- extinguishing, or alternatively reducing to a width of 1.5m, the Right of Way created in transfer registered A937168 which currently creates a Right of Way 20 ft (approximately 6m) over the same part of the eastern boundary of that land in favour of certain land to the south east of 34 Mary St, Northmead.
A copy of the Summons and affidavits sworn in support of it may be inspected at the offices of Selvaggio Lawyers, Suite 709, 12 Century Circuit, Norwest at any time by appointment with Hayden Dyer or Ross Selvaggio.
Any person who owns land which is entitled to the benefit of the Rights of Way, and who objects to the proposed orders, may lodge notice in writing stating their full name and address, and the nature of the grounds of objection, at the office of Selvaggio Lawyers, or by email to hayden@selvaggiolawyers.com.au or ross@selvaggiolawyers.com.au, on or before 27 August 2021 and if any such persons wishes his or her objections to be considered by the Court then they should give notice to Selvaggio Lawyers of that intention and they should attend at their own risk as to costs at the hearing of the application.
The applicants will object to the allowance of more than one set of costs, if any, to objectors but Selvaggio Lawyers will, on request, provide to persons giving notice of their intention to oppose the orders in Court the names and addresses of any persons who have given notice of their intention to do so in order that the objectors may, if they wish, arrange between themselves as to which solicitor should act on behalf of them.
The matter has been listed in the Real Property List of the Supreme Court for further directions and the allocation of a hearing date on 3 September 2021. Enquiries in relation to that listing should be directed to the Associate to Justice Darke at chambers.darkej@courts.nsw.gov.au.