Manboom Pty Ltd atf the Outdoor Signage Unit Trust v Jemena Gas Networks (NSW) Ltd [2024] NSWSC 445

Manboom Pty Ltd atf the Outdoor Signage Unit Trust v Jemena Gas Networks (NSW) Ltd [2024] NSWSC 445

Given the existence of controversial factual questions about the statutory basis for Jemena's asserted right, a separate determination of the question of statutory authority is not appropriate; hence, the application for a separate question is refused and the Notice of Motion is dismissed with costs.

Parties
First Plaintiff/respondent: Manboom Pty Ltd as trustee for the Outdoor Signage Unit Trust; Second Plaintiff/respondent: Outdoor Signage Pty Ltd as trustee for the Outdoor Signage Unit Trust No. 3; Defendant/applicant: Jemena Gas Networks (NSW) Ltd
Jurisdiction
Australia
Judgment Date
24 April 2024
Procedural Posture
Civil Action in Trespass / Interlocutory Application: Notice of Motion for Separate Question
Outcome
Order for separate question refused; defendant's Notice of Motion dismissed with costs.
Legal Topics
Separate Question Determination, Trespass to Land, Defence of Statutory Authority
Civil Procedure Equity Property Law Separate Question Determination Trespass to Land Defence of Statutory Authority

Case Brief

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Parties

Manboom Pty Ltd as trustee for the Outdoor Signage Unit Trust

First Plaintiff/respondent

Outdoor Signage Pty Ltd as trustee for the Outdoor Signage Unit Trust No. 3

Second Plaintiff/respondent

Jemena Gas Networks (NSW) Ltd

Defendant/applicant

Procedural Posture

Civil Action in Trespass / Interlocutory Application: Notice of Motion for Separate Question

Legal Issues

  1. 1 Whether the question of statutory authority as a defence to trespass is suitable for separate determination
  2. 2 Whether Jemena has statutory authority under specified statutes for the presence of underground gas infrastructure

Ratio Decidendi

Given the existence of controversial factual questions about the statutory basis for Jemena's asserted right, a separate determination of the question of statutory authority is not appropriate; hence, the application for a separate question is refused and the Notice of Motion is dismissed with costs.

Court Disposition

Order for separate question refused; defendant's Notice of Motion dismissed with costs.

Orders

  • The defendant's Notice of Motion of 19 December 2023 is dismissed with costs.
  • The matter is stood over for further directions on 3 May 2024.