Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23:
1. STERN JA: I gratefully adopt the summary of background matters set out by Griffiths AJA. I agree with his Honour's judgment and with the orders proposed. My additional observations as to the key issues that arise should not be read as detracting from anything said by Griffiths AJA.
2. For my part, the appeal resolved into essentially three issues. First, the proper construction of the easement for garden use (the Easement) in the s 88B instrument registered on 16 December 2003 (the Registered Instrument). Second, the proper approach to determining whether the rights conferred by the Easement amount to a right of joint occu...