New South Wales Consolidated Acts New South Wales Consolidated ActsWherever the Court sees fit, and in particular where the encroaching owner is not an owner beneficially entitled to the fee simple free from encumbrances, the Court may determine:
(a) by whom and in what proportions the compensation is to be paid in the first instance, and is to be borne ultimately,
(b) to whom, for whose benefit and upon what limitations the conveyance transfer or lease of the subject land or grant in respect thereof is to be made.