Wirth v Will

TABLE OF CONTENTS Introduction Dr Wirth's application The Respondents' cross-claim Relevant statutory provisions Introduction The Encroachment of Buildings Act. The Court Act Relevant costs provisions The hearing Introduction The first phase The second phase The evidence The witnesses The photograph in Exhibit 7 The photographs in Exhibit 8 Introduction The photographs in Exhibit 9 Representation The two interlocutory decisions Introduction The amendment application The Respondents' application to reopen and tender a new document Introduction Submissions Consideration A relevant chronology One structure or two? Introduction The importance of the answer to this question Contextually relevant images Introduction A relevant survey extract A relevant 2003 photograph The evidence on the number of structures Introduction The burden of proof The submissions on the number of structures Introduction The submissions for Dr Wirth The submissions for the Respondents Matters which might be expected to assist but do not Matters about which there is no available evidence Neutral evidence Evidence relevant as to the number of structures Mr Harriman's evidence The relevant photographic evidence Introduction The stair elements The difference between the step designs The handrail/balustrade The orientation of the handrail/balustrade The lowest steel cable element of the balustrade The photographs in Exhibit 8 Consideration and conclusion Discretion concerning the encroaching structure Is it a "building"? Should its removal be ordered? Costs Conclusions Orders Annexure A Annexure B