Boekeman v Aaron [2019] NSWSC 990

Supreme Court New South Wales

Medium Neutral Citation: Boekeman v Aaron [2019] NSWSC 990 Hearing dates: 31 July 2019 Date of orders: 07 August 2019 Decision date: 07 August 2019 Jurisdiction: Equity Before: Darke J Decision: Summons is dismissed with costs. Catchwords: LAND LAW – easements – substantial interference with rights under easements – where plaintiff and defendant are lot owners in a strata scheme – where right of footway in favour of lot owners exists over part of the defendant's car park space – where right of footway provides access to gas and water meters – where car park space protected by lockable garage door which can be opened by an electronic remote control device – where defendant provided such device to the plaintiff – where plaintiff returned such device – whether lockable garage door is a real substantial interference with plaintiff's entitlement to use right of footway – no substantial interference established Legislation Cited: Conveyancing Act 1919 (NSW), ss 88B, 181A, Sch 8 Cases Cited: Buckley v Timbury [2013] NSWSC 1009 Denton v Phillpot (1990) NSW Conv R 55-453 Keefe v Amor [1965] 1 QB 334 Powell v Langdon (1944) 45 SR (NSW) 136 Prospect County Council v Cross (1990) 21 NSWLR 601 Trewin v Felton (2007) 13 BPR 24,579; [2007] NSWSC 851 Zenere v Leate (1980) 1 BPR 97,029 Category: Principal judgment Parties: Ross David Boekeman (Plaintiff) Jennifer Eva Aaron (Defendant) Representation: Counsel: Mr R Lovas (Plaintiff) Mr M Astill (Defendant)