Au v Berlach [2021] NSWSC 806

Au v Berlach [2021] NSWSC 806

Interlocutory injunctions were refused in light of defendants' undertakings, with the Court determining that undertakings were sufficient to maintain the position until a final hearing and that the final decision should be reserved for that hearing.

Jurisdiction
Australia
Judgment Date
01 July 2021
Procedural Posture
Interlocutory Motion / Interlocutory
Outcome
Notice of motion for interlocutory injunctions dismissed; proceedings referred to Expedition List Judge; costs of the motion are costs in the cause; undertakings noted.
Legal Topics
['easements' 'use of Easements' 'excessive and Unreasonable Use' 'interlocutory Injunction']
['land Law' 'equity'] ['easements' 'use of Easements' 'excessive and Unreasonable Use' 'interlocutory Injunction']

Case Brief

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Procedural Posture

Interlocutory Motion / Interlocutory

Legal Issues

  1. 1 ['Whether the defendants have excessively or unreasonably used the right of way' 'Entitlement to interlocutory injunction to restrain use of right of way']

Ratio Decidendi

Interlocutory injunctions were refused in light of defendants' undertakings, with the Court determining that undertakings were sufficient to maintain the position until a final hearing and that the final decision should be reserved for that hearing.

Court Disposition

Notice of motion for interlocutory injunctions dismissed; proceedings referred to Expedition List Judge; costs of the motion are costs in the cause; undertakings noted.

Orders

  • ['Dismiss the notice of motion filed 11 June 2021.' "Order the parties' costs of that motion be costs in the cause." 'The proceedings are stood over to before the Expedition List Judge on 9 July 2021.' 'Note the undertaking of the defendants by their Counsel to the Court, without admissions and until further order,...