Papas v Grave [2013] NSWSC 849

Papas v Grave [2013] NSWSC 849

The defendants unreasonably withheld consent to the lodging of the development application for works on the right of way, when the works were reasonably necessary for the plaintiffs' enjoyment of their easement and no lawful basis for refusal was established. The plaintiffs were entitled to an order for costs in these circumstances.

Jurisdiction
Australia
Judgment Date
26 June 2013
Procedural Posture
Civil / Costs Determination After Resolution of Substantive Claim
Outcome
Defendants to pay the plaintiffs' costs of the proceedings
Legal Topics
['easements' 'right of Way' 'costs' 'development Application Consent']
['property Law' 'equity' 'civil Procedure'] ['easements' 'right of Way' 'costs' 'development Application Consent']

Case Brief

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Procedural Posture

Civil / Costs Determination After Resolution of Substantive Claim

Legal Issues

  1. 1 ['Whether proposed works on right of way are reasonably necessary for enjoyment of use' "Whether defendants' refusal to consent to lodgement of development application was without legal justification" 'Appropriate costs order in light of settlement at hearing']

Ratio Decidendi

The defendants unreasonably withheld consent to the lodging of the development application for works on the right of way, when the works were reasonably necessary for the plaintiffs' enjoyment of their easement and no lawful basis for refusal was established. The plaintiffs were entitled to an order for costs in these circumstances.

Court Disposition

Defendants to pay the plaintiffs' costs of the proceedings

Orders

  • ["Defendants to pay the plaintiffs' costs of the proceedings" "Plaintiffs' application for indemnity costs refused"]