Condran v Collis [2024] NSWSC 1574

Condran v Collis [2024] NSWSC 1574

The defendant's conduct, including placing obstacles, using threatening and abusive language, and intentionally impeding the plaintiffs' use of the easement, constituted a substantial and actionable interference with the plaintiffs' easement rights, amounting to an actionable private nuisance. The plaintiffs' right to construct and maintain a trafficable road on the easement was upheld, subject to the obligation to cause as little inconvenience/damage as practicable and to properly maintain and remediate works. Where remedial works and future maintenance are concerned, the plaintiffs (as dominant owners) bear the primary obligation for works reasonably necessary to preserve their access;...

Parties
First Plaintiff/cross Defendant: Robert John Condran; Second Plaintiff/cross Defendant: Shirley May Condran; Defendant/cross Claimant: Garry Kenneth Collis
Jurisdiction
Australia
Judgment Date
06 December 2024
Procedural Posture
Principal Judgment (equity – Real Property) / Liability Judgment; Relief Hearing to Follow for Consequential Relief Including Damages
Outcome
Findings for the plaintiffs on key elements of their easement/private nuisance claim; orders (draft) for injunctive relief; matter set for relief hearing to determine consequential relief including damages; findings made on Cross‑Summons; costs reserved until relief hearing.
Legal Topics
Easements, Private Nuisance, Rights of Way, Remedies for Interference With Easements, Land Access, Rural Property Disputes, Fencing and Boundaries
Property Equity Easements Private Nuisance Rights of Way Remedies for Interference With Easements Land Access Rural Property Disputes +1 more

Case Brief

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Parties

Robert John Condran

First Plaintiff/cross Defendant

Shirley May Condran

Second Plaintiff/cross Defendant

Garry Kenneth Collis

Defendant/cross Claimant

Procedural Posture

Principal Judgment (equity – Real Property) / Liability Judgment; Relief Hearing to Follow for Consequential Relief Including Damages

Legal Issues

  1. 1 Whether the defendant's conduct (including obstruction, intimidation, and placement of obstacles) constituted an actionable interference/nuisance in respect of the plaintiffs' easement
  2. 2 Whether the plaintiffs' construction and maintenance of a gravel road on the easement exceeded their rights and/or caused improper damage to the servient land and required remediation
  3. 3 Extent to which gates, fences, plantings, or other structures can lawfully be located on or adjacent to the right of access A

Ratio Decidendi

The defendant's conduct, including placing obstacles, using threatening and abusive language, and intentionally impeding the plaintiffs' use of the easement, constituted a substantial and actionable interference with the plaintiffs' easement rights, amounting to an actionable private nuisance. The plaintiffs' right to construct and maintain a trafficable road on the easement was upheld, subject to the obligation to cause as little inconvenience/damage as practicable and to properly maintain and remediate works. Where remedial works and future maintenance are concerned, the plaintiffs (as dominant owners) bear the primary obligation for works reasonably necessary to preserve their access;...

Court Disposition

Findings for the plaintiffs on key elements of their easement/private nuisance claim; orders (draft) for injunctive relief; matter set for relief hearing to determine consequential relief including damages; findings made on Cross‑Summons; costs reserved until relief hearing.

Orders

  • Proceedings to be listed for further argument and directions hearing for further relief and damages assessment.
  • Injunctions (draft) against the defendant restraining obstructive conduct, threatening behaviour, placing obstacles or vehicles, placing offensive signs, excessive chaining of gates, and unsightly rubbish within 250m of the easement, for five years or until change of ownership.