NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Maloney v Putu Pty Ltd [2023] NSWSC 1148 Hearing dates: 28 August 2023 Decision date: 22 September 2023 Jurisdiction: Equity - Real Property List Before: Peden J Decision: See [52] Catchwords: LAND LAW — Easements — Creation of easements — Creation by prescription — Where continuous use of an access road for over twenty years not in dispute — Whether use of an access road was by permission — Whether use of an access road was tolerated as a matter of good neighbourliness Legislation Cited: Real Property Act 1900 (NSW) s 42(1)(a1) Cases Cited: Arcidiacono v The Owners – Strata Plan No 17719; Arcidiacono v The Owners – Strata Plan No 61233 [2020] NSWCA 269 Dobbie v Davidson (1991) 23 NSWLR 625 Gardner v Hodgson's Kingston Brewery Co Ltd [1903] AC 229 Mills v Silver [1991] Ch 271 Williams v State Transit Authority of NSW (2004) 60 NSWLR 286 Texts Cited: Brendan Edgeworth, Butt's Land Law (7th ed, 2017, Thomson Reuters) Category: Principal judgment Parties: Kim Gardner Maloney (Plaintiff) Putu Pty Ltd (First Defendant) Registrar General of NSW (Second Defendant) El Rihani Family Pty Limited in its own capacity and as trustee for El Rihani Family Trust (Third Defendant) Representation: Counsel: S Free SC and J Burnett (Plaintiff) M Pesman SC (Third Defendant)
Solicitors: JDK Legal (Plaintiff) ERA Legal (Third Defendant) File Number(s): 2021/00337259 Publication restriction: Nil
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