Muhibbah Engineering (M) BHD v Giuseppe Vartuli [2009] NSWSC 265

Compensation for the drainage easement was calculated according to market value per square metre of the affected land, discounted for flood zones and proportional loss of utility; no additional compensation for 'blot on title' was allowed, as the proprietor was fully compensated for diminished utility and value.

Parties: Plaintiff: Muhibbah Engineering (M) BHD; Defendant: Giuseppe Vartuli
Jurisdiction: Australia
Judgment Date: 09 March 2009
Procedural Posture: Application for Imposition of Easement / Quantum of Compensation Determined Following Grant of Easement
Outcome: Compensation assessed and payable; plaintiff to pay defendant's costs.
Legal Topics: Easements, Compensation for Easement, Drainage of Water, Blot on Title

Property Equity Easements Compensation for Easement Drainage of Water Blot on Title

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2 Amounts and remedies 5

Parties

Muhibbah Engineering (M) BHD

Plaintiff

Giuseppe Vartuli

Defendant

Procedural Posture

Application for Imposition of Easement / Quantum of Compensation Determined Following Grant of Easement

Legal Issues

1 How much compensation should be paid by the plaintiff to the defendant for the imposition of a drainage easement under s 88K of the Conveyancing Act 1919 (NSW)?
2 Is an allowance for 'blot on title' appropriate?

Ratio Decidendi

Court Disposition

Compensation assessed and payable; plaintiff to pay defendant's costs.

Orders

Order imposing a 3 metre wide drainage easement over the defendant's land under Conveyancing Act 1919, s 88K(1), Schedule 4A Part 3.
Order for plaintiff to pay defendant compensation of $72,116.25.