Pullen v Smedley

[2017] NSWSC 1721

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Real Property
2. › Easements
3. › Rights of way
4. › Construction
5. › Whether easement implicitly precludes grazing of cattle by servient tenement owner
6. › Meaning of “all weather” access standard
7. › Whether dominant tenement owner liable to contribute financially to the cost of certain works
1. Real Property
2. › Easements
3. › Rights of way
4. › Whether installation and closing of gates along right of way, permitting cattle to graze on right of way, and/or the presence of a metal shipping container on the right of way amounts to substantial interference with rights of the owner of the dominant tenement
5. › Whether opening of gates along right of way amounts to unreasonable use by the dominant tenement owner of rights conferred on it under easement
1. Environment and Planning
2. › Development consent
3. › Whether carrying out of works on right of way unlawful for failure to comply with Wyong Local Environmental Plan 2013 and s 76A of the Environmental Planning and Assessment Act 1979 (NSW)
1. Environment and Planning
2. › Pollution
3. › Land pollution and waste
4. › Special waste
5. › Whether carrying out of works on right of way amounted to the use of land as a “waste facility” contrary to s 144 of the Protection of the Environment Operations Act 1997 (NSW)