17 Apr 2007
B A TRUSTEES LIMITED V IVAN DRUSKOVICH AND ANOR CA CA142/05
- Citation
- openlaw-b98f8879_b2ec_468b_be0f_fb9a25611340.pdf
- Court
- Court of Appeal
The apartment constituted a "piece of land" for s129B purposes and was an authorised use; relief under s129B was appropriate given long established use and historical inadvertence, but the Court must tailor relief to avoid unfairness to the servient owner — accordingly an easement was granted only for the first floor apartment, including vehicular access, limited in duration (earlier of one year after the pharmacy lease terminates or 30 September 2019) and excluding benefit to the pharmacy lessee; the High Court compensation order was set aside and remitted for redetermination in light of the…