NSW Caselaw
New South Wales Supreme Court
CITATION : Shelbina Pty Ltd v Richards [2009] NSWSC 1449
HEARING DATE(S) : 14 December 2009
JUDGMENT DATE : 15 December 2009
JURISDICTION : Equity Division
JUDGMENT OF : Rein J
EX TEMPORE JUDGMENT DATE : 15 December 2009
DECISION : (1) Order that the defendants be restrained from opening or otherwise interfering with the gate between Lot 13 in DP 708538 and Lot 12 in DP 878784. (2) Order that the defendants their servants or agents, invitees or licensees be restrained from deviating from the right of carriageway 20m wide created by DP 708538 by vehicles, on foot or by any other means so as to cross the boundary of Lot 13 in DP 708538 at any place other than the entry point and exit point of the said right of carriageway, those entry and exit points being at one end the north-western corner of Lot 13, and at the other end onto the defendants' land, known as Lot 11 of DP 708538.
CATCHWORDS : REAL PROPERTY – easements – whether owners of dominant tenement entitled to insist upon an access to the right of way at a point along its length other than at the exit or entrance to it, in order to make their way to property adjacent to the right of way owned by friends of the dominant owners but whose land was not benefited by the right of way
LEGISLATION CITED : Conveyancing Act 1919
CATEGORY : Principal judgment
Berryman v Sonnenschein [2008] NSWSC 213 Bulstrode v Lambert [1953] WLR 1064 Butler v Muddle (1995) 6 BPR 13,984 Carlson v Carpenter (1998) 8 BPR 15,909; (1998) NSW ConvR 55-848 Chiu v Healey [2003] NSWSC 857; (2003) 1 BPR 21,241 Huckvale v Aegean Hotel Ltd (1989) 58 P & CR 168 CASES CITED : McCrow v Chaplin [2009] NSWSC 965 Pettey v Parsons [1914] 2 Ch 653 Sertari Pty Ltd v Nirimba Developments Pty Ltd [2007] NSWCA 324 Thorpe v Brumfitt (1873) LR8ChApp 650 Trewin v Felton [2007] NSWSC 851; (2007) 13 BPR 24,579 Twomey v Blanch [2008] NSWSC 826 Westfield Management Ltd v Perpetual Trustee Company Limited (2007) 233 CLR 528 Zenere v Leate (1980) 1 BPR 9300
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