12 Apr 2019
Where parties settle without further substantive steps and the court lacks a factual foundation to determine success, complexity or the reasonableness of steps taken, the proper exercise of discretion is to order that costs lie where they fall.
19 Aug 2010
Interim injunction granted to restrain further construction because there was a real risk the defendant would create a fait accompli by completing works before arbitration resolved whether consent was unreasonably withheld; preserving the status quo was necessary pending arbitration, while allowing only temporary reversible steps to secure and weathertight the dwelling.
12 Feb 2009
Given the local topography and contemporary standards, the sealed council footpath of about 70 metres with a 15 metre elevation change (a 1–3 minute walk) provides reasonable physical access for residential use of No.3, so the land is not landlocked within s129B and the Court has no jurisdiction to grant vehicular access over neighbouring land.
8 May 2006
Summary judgment was declined. The Court exercised its residual discretion under r136(2) to refuse summary dismissal and to permit the plaintiffs to amend their statement of claim to seek declaratory and enforcement relief because the defendant had not demonstrably fully complied with the undertakings and it would be unjust to deny the plaintiffs an opportunity to seek enforcement orders; the Court made no finding on whether the withdrawal promise was conditional on full compliance.