29 Mar 2010
LYONS V BRESLIN AND ORS HC AK CIV 2009-404-007165
- Citation
- openlaw-6d0839b3_69e0_4116_a4fd_caeeea4a9a43.pdf
- Court
- High Court
The 1944 mutual grant, expressed in general terms and given the physical circumstances at the date of grant, prima facie authorises vehicular access and an ancillary right to stop, load and unload where reasonably necessary for enjoyment of the dominant tenement; the defendants' contention that vehicular access is excluded does not raise a serious question to be tried. Balancing the convenience and interests of justice, interim injunctive relief was warranted to prevent future obstruction while protecting the defendants by limiting and conditioning the plaintiffs' stopping/loading activities.