Waynote Pty Limited v Kilpatrick & Ors [2011] NSWSC 1271

Waynote Pty Limited v Kilpatrick & Ors [2011] NSWSC 1271

The defendants parked and left vehicles and equipment on the right of carriageway, which substantially interfered with the plaintiff's rights and amounted to trespass. There is no implied or express right of parking on the right of carriageway. A mandatory injunction is appropriate to require removal of vehicles and equipment.

Jurisdiction
Australia
Judgment Date
21 October 2011
Procedural Posture
Civil / Judgment
Outcome
Mandatory injunction granted; defendants to remove vehicles and equipment from right of carriageway; defendants restrained from future parking; costs awarded to plaintiff.
Legal Topics
['easements' 'right of Carriageway' 'trespass' 'mandatory Injunction' 'parking Rights']
['real Property' 'equity'] ['easements' 'right of Carriageway' 'trespass' 'mandatory Injunction' 'parking Rights']

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ["Whether defendants' parking or depositing vehicles and equipment on the right of carriageway constitutes trespass and substantial interference with the rights of other lot owners." 'Whether the right of carriageway includes a right to park vehicles.' 'Whether a mandatory injunction should be granted against the defendants to remove vehicles and equipment from the right of carriageway.']

Ratio Decidendi

The defendants parked and left vehicles and equipment on the right of carriageway, which substantially interfered with the plaintiff's rights and amounted to trespass. There is no implied or express right of parking on the right of carriageway. A mandatory injunction is appropriate to require removal of vehicles and equipment.

Court Disposition

Mandatory injunction granted; defendants to remove vehicles and equipment from right of carriageway; defendants restrained from future parking; costs awarded to plaintiff.

Orders

  • ['Declare that the first and second defendants, their employees, agents, licensees, and invitees are not entitled to park or leave vehicles, trailers, machinery, skips, or other chattels on the land the subject of the right of carriageway for any length of time.' 'Order that within seven days the defendants remove...