TRESPASS - from table drain construction - table drains built near boundary along the “battle-axe handle” of two subdivided rural properties - whether the table drains concentrate surface water into channels causing erosion of the plaintiff’s property.
NUISANCE - from dam leaking water onto lower land of neighbour - whether leakage amounts to a nuisance - from table drain - whether leakage causes nuisance to plaintiff’s land by erosion.
Equity
› proprietary estoppel
› where Torrens title land transferred after alleged equitable interest arose - personal equities exception to indefeasibilty.
Equity
› equitable relief
› injunctive relief
› relief to be granted upon conditions as to the sharing of the cost burden of the relief.
Case Details
Citation[2015] NSWSC 1619
CourtNSWSC
JurisdictionNew South Wales
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