Twomey v Blanch & Anor [2008] NSWSC 826

Twomey v Blanch & Anor [2008] NSWSC 826

The Plaintiff is entitled only to the access points offered by the Defendants, as access at Doors 1 and 2 is not reasonably necessary for the use and enjoyment of the land and causes substantial nuisance and security risk to the Defendants’ property.

Jurisdiction
Australia
Judgment Date
11 August 2008
Procedural Posture
Principal Judgment / Final Judgment After Hearing
Outcome
Plaintiff’s claim unsuccessful except for access points offered by Defendants; costs awarded to Defendants.
Legal Topics
['easements' 'right of Way' 'reasonable Use of Carriageway' 'access Points']
['property Law'] ['easements' 'right of Way' 'reasonable Use of Carriageway' 'access Points']

Case Brief

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Procedural Posture

Principal Judgment / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether the reasonable use and enjoyment of a right of carriageway entitles the Plaintiff to access at four points or only two along the right of way']

Ratio Decidendi

The Plaintiff is entitled only to the access points offered by the Defendants, as access at Doors 1 and 2 is not reasonably necessary for the use and enjoyment of the land and causes substantial nuisance and security risk to the Defendants’ property.

Court Disposition

Plaintiff’s claim unsuccessful except for access points offered by Defendants; costs awarded to Defendants.

Orders

  • ['Formal orders deferred pending agreement of Short Minutes by parties specifying access points and widths.' 'Plaintiff to pay Defendants’ costs of proceedings on party/party basis.']