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The Court held the easement did not authorise use of the carriageway solely as a turning area and extinguished any benefit to Lot 54 under s 89(1)(c).
Australian Unity Retirement Living Management Pty Ltd v Karimbla Properties (No. 10) Pty Limited [2019] NSWSC 635
The Court found excessive and obstructive use of a shared driveway easement and granted tailored injunctive relief regulating vehicles, pedestrians, bins and video exchange.
O'Donnell v Furci & 2 ors [2006] NSWSC 753
Interlocutory injunction granted to stop defendants and their contractors from blocking a right of carriageway used to access the plaintiff’s home.
Natva Developments Pty Ltd v McDonald Bros Pty Ltd & Ors [2004] NSWSC 777
The court held that the plaintiff could not insist on a new access point over the right of carriageway where reasonable access existed at the original point, and dismissed the stormwater nuisance claim.
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