Jamison 17 Pty Ltd v Jaynick Pty Ltd & Anor [2023] NSWSC 1562

Jamison 17 Pty Ltd v Jaynick Pty Ltd & Anor [2023] NSWSC 1562

Parking or leaving boats or goods on the right of carriageway for extended periods (hours or days, not de minimis) by the dominant owner constitutes excessive use and breach of the easement, justifying injunctive relief to restrain such conduct to that reasonably necessary for passing and repassing. Evidence does not justify restricting movement of boats by forklift narrower than demonstrated by on-site tests; instead, a declaration is appropriate to clarify limits where encroachment or trespass would occur with larger boats.

Jurisdiction
Australia
Judgment Date
14 December 2023
Procedural Posture
Equity Proceedings / Final Judgment
Outcome
Plaintiff succeeds in part. Injunction and declaration granted; remaining claims for injunctive relief dismissed. Costs to be determined after parties confer.
Legal Topics
['easements' 'right of Carriageway' 'excessive Use' 'trespass' 'injunctions']
['land Law' 'equity'] ['easements' 'right of Carriageway' 'excessive Use' 'trespass' 'injunctions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Proceedings / Final Judgment

Legal Issues

  1. 1 ['Whether parking and storing boats and items on the right of carriageway constitutes excessive use or trespass' 'Whether transport of large boats by forklift on the right of carriageway encroaches or causes damage' 'What relief (injunction/declaration) should be granted for excessive use by the dominant owner']

Ratio Decidendi

Parking or leaving boats or goods on the right of carriageway for extended periods (hours or days, not de minimis) by the dominant owner constitutes excessive use and breach of the easement, justifying injunctive relief to restrain such conduct to that reasonably necessary for passing and repassing. Evidence does not justify restricting movement of boats by forklift narrower than demonstrated by on-site tests; instead, a declaration is appropriate to clarify limits where encroachment or trespass would occur with larger boats.

Court Disposition

Plaintiff succeeds in part. Injunction and declaration granted; remaining claims for injunctive relief dismissed. Costs to be determined after parties confer.

Orders

  • ['Order: The First Defendant, including its servants and agents, and the Third Defendant not park or leave on the Right of Carriageway any boats, vehicles, engines or other goods or authorise any other person to do so other than for a period of no longer than 15 minutes at any given time and in connection with the...