NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: David Peter Buckley v David Francis Timbury & Anor [2013] NSWSC 1009 Hearing dates: 28, 29 & 30 November 2012 Decision date: 01 August 2013 Jurisdiction: Civil Before: Slattery J Decision: Actionable interference to easement made out in part, but rejected in part. Directions given for submissions as to costs. Catchwords: REAL PROPERTY - Torrens Title - easement - plaintiff dominant owner of a right of carriageway - plaintiff claims the servient owners have caused actionable interference to the easement - whether the servient owners have caused real and substantial interference to the easement by latching a gate, by blocking sub-surface drains, by placing roadside rocks, or by erecting poles on the road surface. Legislation Cited: Conveyancing Act 1919 s 181A(1) Encroachment of Buildings Act 1922 Disability Discrimination Act 1992 Cases Cited: Bland v Levi (2000) 9 BPR 17,517 Burke v Frasers Lorne Pty Ltd (2008) 14 BPR 26,11, (2008) NSWSC 988 Butler v Muddle (1995) 6 BPR 13,984 Denton v Phillpot (1990) NSW ConvR 55-543 Gohl v Hender [1930] SASR 158 Hender v Gohl & Anor [1928] SASR 325 Mantec Thoroughbreds Pty Ltd v Batur: [2009] VSC 351 Owners of Strata Plan 48754 v PD Anderson Holdings Pty Ltd [1999] NSWSC 580 Pettey v Parsons [1914] 2 Ch 653 Sertari Pty Ltd v Nirimba Developments Pty Ltd [2007] NSWCA 324 Siple v Blow (1904) 8 OLR 547 Stewart v Cooper [1986] TASSC 3; [1986] ANZ ConvR 631 Treweeke v 36 Wolseley Road Pty Ltd (1973) 128 CLR 274 Texts Cited: Jackson on the Law of Easements and Profits Category: Principal judgment Parties: Plaintiff:- David Peter Buckley First Defendant:- David Francis Timbury Second Defendant:- Susan Elsie Timbury Representation: Counsel: Plaintiff:- Ms L. Doust First and Second Defendants:- Mr J. Hewitt Solicitors: Plaintiff:- James Edward Behringer, Harris & Co Solicitors First and Second Defendants:- John Joseph Woodward, Turnbull Hill Lawyers File Number(s): 2012/142622 Publication restriction: No
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