Tenacity Investments v Ku-Ring-Gai Council and Ors [2008] NSWLEC 27

Land and Environment Court of New South Wales

CITATION : Tenacity Investments v Ku-Ring-Gai Council and Ors [2008] NSWLEC 27

APPLICANT: Tenacity Investments

FIRST RESPONDENT: Ku-ring-gai Council

SECOND RESPONDENTS: Russell and Angela Cooke

THIRD RESPONDENTS: Vicki and Daniel Ming

FOURTH RESPONDENT: Peter Dobrijevic

FIFTH RESPONDENT: Yvonne Forsyth

PARTIES : SIXTH RESPONDENTS: Ivan and Janet Lum

SEVENTH RESPONDENTS: John and Virginia Hill

EIGHTH RESPONDENTS: Christopher and Aini Wong

NINTH RESPONDENTS: Patrick Lee and Liza Lam

TENTH RESPONDENT: Marina Brun-Smits

ELEVENTH RESPONDENTS: Gavin and Lynn Hucker

TWELFTH RESPONDENTS: Steven and Gum You; Kwok and Sylvia Ng

FILE NUMBER(S) : 30688 of 2006

CORAM: Pain J

KEY ISSUES: Easements :- imposition of drainage easement by Court under s 40 Land and Environment Court Act 1979 - whether easement reasonably necessary for development to have effect in accordance with development consent which Court has determined to grant - whether owner of burdened land can be adequately compensated for any loss or other disadvantage that would arise from imposition of the easement - whether all reasonable attempts made by applicant to obtain the easement or an easement having same effect without success - whether Court should exercise its discretion to impose easement - appropriate compensation.