Rawson v Studholme [2018] NSWSC 1764

Rawson v Studholme [2018] NSWSC 1764

The court imposed terms on the easement requiring the plaintiffs to carry out limited remedial works (cutting back concrete surface and installing drainage aggregate and sub-surface pipework only), awarded the defendant $45,000 as compensation based on market value after contingencies, and foreshadowed a costs order largely in the plaintiffs' favour due to the defendant's unreasonable conduct in maintaining opposition and causing unnecessary costs.

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Application for Statutory Easement / Final Judgment (awaiting Final Orders, Costs to Be Determined)
Outcome
Easement to be granted on specified terms, compensation ordered; costs order deferred pending further evidence, interim injunction continued.
Legal Topics
['easements' 'section 88 K Conveyancing Act 1919 (nsw)' 'compensation for Easement' 'terms of Easement' 'costs Orders' 'remedial Work']
['real Property' 'equity'] ['easements' 'section 88 K Conveyancing Act 1919 (nsw)' 'compensation for Easement' 'terms of Easement' 'costs Orders' 'remedial Work']

Case Brief

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Procedural Posture

Application for Statutory Easement / Final Judgment (awaiting Final Orders, Costs to Be Determined)

Legal Issues

  1. 1 ["What terms should be imposed on the grant of a statutory easement over the defendant's land pursuant to s 88K(3) of the Conveyancing Act, 1919 (NSW)?" 'What compensation is appropriate under s 88K(4) for the imposition of the easement?' 'Should a costs order to the contrary be made under s 88K(5) due to unreasonable conduct by the defendant?']

Ratio Decidendi

The court imposed terms on the easement requiring the plaintiffs to carry out limited remedial works (cutting back concrete surface and installing drainage aggregate and sub-surface pipework only), awarded the defendant $45,000 as compensation based on market value after contingencies, and foreshadowed a costs order largely in the plaintiffs' favour due to the defendant's unreasonable conduct in maintaining opposition and causing unnecessary costs.

Court Disposition

Easement to be granted on specified terms, compensation ordered; costs order deferred pending further evidence, interim injunction continued.

Orders

  • ["Parties to deliver agreed form of easement instrument and compensation order within 6 weeks reflecting the court's reasons." 'Costs order deferred; plaintiffs to provide evidence of costs, potentially for significant costs to be paid by the defendant.' 'Interim injunction against defendant and maintenance of...