PD Consultants Pty Limited v Leonard Childs & Anor [2004] NSWSC 1076

PD Consultants Pty Limited v Leonard Childs & Anor [2004] NSWSC 1076

The application failed because the plaintiff had not satisfied the Court, within s 88K(2)(c) of the Conveyancing Act 1919, that all reasonable attempts had been made to obtain the option two easement now contended for or an easement having the same effect.

Jurisdiction
Australia
Judgment Date
09 November 2004
Procedural Posture
Application Under S 88 K of the Conveyancing Act 1919 to Impose an Easement / Judgment After Hearing
Outcome
Application dismissed.
Legal Topics
['easements' 'imposition of Easement' 'electricity Transmission Lines' 'reasonable Attempts to Reach Agreement' 'conveyancing Act 1919 S 88 K']
['property Law' 'equity'] ['easements' 'imposition of Easement' 'electricity Transmission Lines' 'reasonable Attempts to Reach Agreement' 'conveyancing Act 1919 S 88 K']

Case Brief

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Procedural Posture

Application Under S 88 K of the Conveyancing Act 1919 to Impose an Easement / Judgment After Hearing

Legal Issues

  1. 1 ["Whether an easement should be imposed over the defendants' land under s 88K of the Conveyancing Act 1919 for electricity transmission lines and associated equipment." 'Whether the plaintiff had made all reasonable attempts to obtain the easement contended for, or an easement having the same effect, within s 88K(2)(c).' "Whether the proposed easement was reasonably necessary for the effective use or development of the plaintiff's land within s 88K(1)."]

Ratio Decidendi

The application failed because the plaintiff had not satisfied the Court, within s 88K(2)(c) of the Conveyancing Act 1919, that all reasonable attempts had been made to obtain the option two easement now contended for or an easement having the same effect.

Court Disposition

Application dismissed.

Orders

  • ['Application dismissed.' "The plaintiff must pay the defendants' costs in any event." 'The matter was adjourned until 31 January 2005 at 9.30am for directions.']