DAAR PTY LTD v. FEZA FOUNDATION LIMITED [2001] NSWSC 949

DAAR PTY LTD v. FEZA FOUNDATION LIMITED [2001] NSWSC 949

The lease did not imply a right of access over the Library land as it was not necessary for the reasonable enjoyment of the leasehold, alternative means of access existed, and advantages gained were mere amenities rather than necessities; therefore, no implied easement or quasi-easement arose.

Parties
Plaintiff: Daar Pty Limited; Defendant: Feza Foundation Limited
Jurisdiction
Australia
Judgment Date
26 October 2001
Procedural Posture
Equity / Final Judgment
Outcome
Proceedings dismissed with costs
Legal Topics
Implied Terms, Quasi Easement, Rule in Wheeldon V. Burrows, Access Rights Under Lease
Landlord and Tenant Property Law Implied Terms Quasi Easement Rule in Wheeldon V. Burrows Access Rights Under Lease

Case Brief

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Parties

Daar Pty Limited

Plaintiff

Feza Foundation Limited

Defendant

Procedural Posture

Equity / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff has an implied right of access over the defendant's property appurtenant to a leasehold interest.
  2. 2 Whether a quasi-easement or implied easement exists for passage over the Library land.

Ratio Decidendi

The lease did not imply a right of access over the Library land as it was not necessary for the reasonable enjoyment of the leasehold, alternative means of access existed, and advantages gained were mere amenities rather than necessities; therefore, no implied easement or quasi-easement arose.

Court Disposition

Proceedings dismissed with costs

Orders

  • The proceedings are dismissed with costs.