Turvey v Crotti [2018] NSWSC 1959

Supreme Court New South Wales

Medium Neutral Citation: Turvey v Crotti [2018] NSWSC 1959 Hearing dates: 4, 5 December 2018 Decision date: 18 December 2018 Jurisdiction: Equity Before: Emmett AJA Decision: See paras [56]-[57] Catchwords: NUISANCE – where the defendant obstructed the plaintiff's ability to exercise a right of way over an access road appurtenant to her property – where common ground that the defendant's conduct constituted actionable nuisance – DAMAGES – particular damage to the plaintiff as a consequence of the nuisance – damages awarded for inconvenience and stress Legislation Cited: Roads Act 1993 (NSW) Cases Cited: Bone v Seale [1975] 1 WRL 797 Jones v Dunkel (1959) 101 CLR 298 Oldham v Lawson (No 1) [1976] VR 654 Roberts v Rodier [2006] NSWSC 282 Uren v John Fairfax & Sons Pty Ltd (1966) 117 CLR 118 Category: Principal judgment Parties: Marjory Nola Turvey (Plaintiff) Kayleen Sybil Crotti (Defendant) Representation: Counsel: S Jacobs with V Misra (Plaintiff) M Galvin (Defendant)

Solicitors: Owen Hodge Lawyers (Plaintiff) Dentons Australia Pty Ltd (Defendant) File Number(s): 2016/314439

Judgment

Introduction 1. The defendant, Ms Kayleen Crotti, is the owner of a property that adjoins a property owned by the plaintiff, Ms Marjory Turvey. Ms Crotti's property also adjoins a private access road (the Access Road) leading to Ms Turvey's property. These proceedings are concerned with the conduct of Ms Crotti in placing and locking gates on the Access Road. The gates interfered with Ms Turvey's ability to exercise a right of way over the Access Road appurtenant to her property. It is now common ground that the conduct constituted actionable nuisance by Ms Crotti. 2. In the result, in lieu of injunctions originally sought in the proceedings, Ms Turvey accepted undertakings given on behalf of Ms Crotti to the Court that she will not erect any gates or any other structure that could prevent access to the Access Road. All that remains for the Court is Ms Turvey's claim against Ms Crotti for damages resulting from the conduct that constituted the nuisance. 3. Before dealing with the claim for damages, it is necessary to say something about Ms Turvey's right of way over the Access Road. I shall then deal with the conduct by Ms Crotti that constituted the nuisance and then the damages claimed by Ms Turvey as a consequence of the nuisance.