REAL PROPERTY- easements- Conveyancing Act 1919, s 88K- necessary pre-conditions for making an order; reasonable necessity, public interest, compensation and discretion, to be considered as a whole, not scored under separate heads- whether possible to grant a conditional easement to prevent sterilization of servient tenement- conditional easement granted.
ISSUE ESTOPPEL- whether the precise question of fact or law was determined in the earlier proceedings as a fundamental basis for the decision- question was whether consent for road bridge required a weight capacity which would accommodate the defendant's trucks- question was not a fundamental basis of the earlier proceedings therefore judge not estopped from considering the issue.
Case Details
Citation[2011] NSWSC 1286
CourtNSWSC
JurisdictionNew South Wales
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