15 Sept 2021
Because the stormwater drain on the burdened land is abandoned and the benefited land has been redeveloped with a new public stormwater system, the easement is redundant; extinguishment will not substantially injure any person entitled to enforce it, and the court therefore exercised its discretion to extinguish the easement and declined to order compensation.
19 Nov 2018
The s 74 scheme of repairs is granted because the statutory and procedural prerequisites were met (service, established damage, detailed scheme consistent with precedent), the proposed apportionment and bathroom exception are equitable and supported by owners, coordinated repairs across blocks are necessary, and retrospective effect is justified by prior conduct and owner support.
12 Dec 2012
The application to prevent the caveats from lapsing was dismissed for lack of appearance and because no sustaining order had been made within the time limit in s 145A, and the court ordered removal of the specified caveats from the relevant certificates of title; costs were reserved.