29 Oct 2007
HEXTON HOLDINGS LTD V MACLAURIN HC GIS CIV 2005-416-275
- Citation
- openlaw-bb80b49e_ed52_4f13_b478_8f73784be2a4.pdf
- Court
- High Court
The judgment was recalled because the court failed to consider a pleaded, material claim for services easements (a very special reason). On the remedial and broad wording of s129B, and its powers to impose terms and make consequential orders, the Court has jurisdiction to grant services easements ancillary to an access easement where they are necessary to give full effect to the access relief granted; accordingly services easements were ordered over the same route and compensation adjusted.
- S129b property law act 1952
- Service easements
- Access easements
- Recall of judgment
- Compensation