Twelve Walker Street Pty Ltd v Lee [2017] NSWSC 1807

Twelve Walker Street Pty Ltd v Lee [2017] NSWSC 1807

The easement for temporary rock anchors satisfies the statutory and common law requirements for easements; is reasonably necessary for the effective use and development of the plaintiffs' land due to significant cost, safety, and practicality advantages over alternatives; will not deprive the defendants of proprietorship or possession; and adequate compensation for disadvantage is possible. Imposition of the easement and compensation is appropriate under s 88K of the Conveyancing Act 1919 (NSW).

Jurisdiction
Australia
Judgment Date
20 December 2017
Procedural Posture
Principal Judgment / Final Orders
Outcome
Easement imposed; compensation ordered
Legal Topics
['easements' 'creation of Easements by Court Order' 'temporary Easements' 'underground Rock Anchors' 'compensation for Easements']
['land Law' 'equity'] ['easements' 'creation of Easements by Court Order' 'temporary Easements' 'underground Rock Anchors' 'compensation for Easements']

Case Brief

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Procedural Posture

Principal Judgment / Final Orders

Legal Issues

  1. 1 ['Whether the proposed easement amounts to exclusive possession and is capable of forming the subject matter of a grant' "Whether the easement is reasonably necessary for the effective use or development of the plaintiffs' land" 'Whether the use of the land having the benefit of the easement is inconsistent with the public interest' 'Whether the owner of the land to be burdened can be adequately compensated for loss or disadvantage' 'Whether all reasonable attempts have been made to obtain the easement']

Ratio Decidendi

The easement for temporary rock anchors satisfies the statutory and common law requirements for easements; is reasonably necessary for the effective use and development of the plaintiffs' land due to significant cost, safety, and practicality advantages over alternatives; will not deprive the defendants of proprietorship or possession; and adequate compensation for disadvantage is possible. Imposition of the easement and compensation is appropriate under s 88K of the Conveyancing Act 1919 (NSW).

Court Disposition

Easement imposed; compensation ordered

Orders

  • ["Orders pursuant to s 88K(1) Conveyancing Act 1919 (NSW) imposing a temporary easement for rock anchors over the defendants' land in favour of the plaintiffs, for a period of 17 months as defined in the annexure." 'Orders plaintiffs to pay $267,000 compensation to the defendants for the easement, to be paid by 20...