WILCOX v RICHARDSON [1997] NSWCA 343

WILCOX v RICHARDSON [1997] NSWCA 343

The sublessees are entitled, as appurtenant to the land described, to the benefit of the easements identified in the registered sublease and to enforce those against the sublessors and those claiming through them. The court identified specific acts of interference and mandated restoration and restraint orders.

Parties
Appellant: Wilcox; Respondent: Richardson; Sublessor: John Herbert Richardson; Sublessor: Judith Dean Richardson; Sublessee: Ray Joseph Richardson; Sublessee: Margaret Ann Smith
Jurisdiction
Australia
Judgment Date
01 September 1997
Procedural Posture
Civil / Appeal
Outcome
easements declared; restoration ordered; injunction granted; costs and damages referral made
Legal Topics
Easements, Sublease, Rights of Access, Interference With Easements
Property Law Easements Sublease Rights of Access Interference With Easements

Case Brief

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Parties

Wilcox

Appellant

Richardson

Respondent

John Herbert Richardson

Sublessor

Judith Dean Richardson

Sublessor

Ray Joseph Richardson

Sublessee

Margaret Ann Smith

Sublessee

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Existence and scope of easements under sublease 1688535 dated 31 March 1993
  2. 2 Entitlement of sublessees to exclusive and shared use of amenities and areas in the building
  3. 3 Interference with sublessees' easement rights by the sublessors or others

Ratio Decidendi

The sublessees are entitled, as appurtenant to the land described, to the benefit of the easements identified in the registered sublease and to enforce those against the sublessors and those claiming through them. The court identified specific acts of interference and mandated restoration and restraint orders.

Court Disposition

easements declared; restoration ordered; injunction granted; costs and damages referral made

Orders

  • Declaration of easements for applicants as per registered sublease 1688535
  • Orders for specific restoration of amenities and access within 21 days by second defendants