NSW Caselaw
New South Wales Supreme Court
CITATION : O'Donnell v Furci & 2 ors [2006] NSWSC 753
HEARING DATE(S) : 23/06/06
JUDGMENT DATE : 23 June 2006
JURISDICTION : Equity Division
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 06/23/2006
DECISION : 1. Order that, until further order, the first and second defendants not permit, suffer or cause any third party, including any contractor engaged by them or either of them, to block or substantially impede access by any person to or from Lot 15 in DP 1041447, known as 207 Fowler Road, Illawong, along the said right of carriageway; 2. The costs of the notice of motion of 19 June 2006 will be the plaintiff's costs in the proceedings; 3. These orders may be entered forthwith.
CATCHWORDS : REAL PROPERTY - Easements - Rights of carriageway - Application for interlocutory injunction to restrain blockage of right of carriageway - Access between public road and properties of plaintiff and first and second defendants afforded by narrow carriageway - First and second defendants engaged in construction works on their property - Plaintiff's use of carriageway impeded by vehicles supplying materials for construction works - Whether serious question to be tried that first and second defendants have substantially interfered with plaintiff's right to use carriageway - Whether balance of convenience favours grant of interlocutory injunctive relief - Injunctive relief granted.
LEGISLATION CITED : Conveyancing Act 1919 (NSW)
London and Suburban Land and Building Co Pty Ltd v Carey (1991) 62 P&C R 480 CASES CITED : Grieskis and Lahood [1971] NZLR 502 Kirkpatrick v Kotis (2004) 62 NSWLR 567
Leanne Maree O'Donnell v PARTIES : Patrick Joseph John Furci Mary Furci Havenview Homes Pty Ltd
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