Horseshoe Pastoral Co Pty Ltd v Rixon

[2018] NSWCA 121

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Supreme Court of New South Wales
4. › Value of right in issue less than $100,000
5. › Whether appeal lies as of right
6. › Whether leave to appeal should be granted
7. › No error established that occasions serious injustice
8. › No question of principle
9. › Supreme Court Act 1970 (NSW), s 101(2)(r)(ii)
1. Equity
2. › Estoppel
3. › Proprietary estoppel
4. › Equitable right of carriageway
5. › Assumption of right of access induced by conduct of vendor
6. › Whether unconscionable to deny assumption
7. › Appropriate remedy
8. › Whether easement or mere licence
9. › Whether remedy disproportionate to detriment
1. Real Property
2. › Easements
3. › Equitable easement
4. › Right of carriageway
5. › Access to landlocked property
6. › Scope of easement including subsequent more intensive use
7. › Conveyancing Act 1919 (NSW), s 88K

Quick Take

For the purpose of determining whether an appeal lies as of right under s 101(2)(r)(ii) of the Supreme Court Act 1970 (NSW), the relevant value is the value of the right or property in issue on the appeal (here, the easement), not the value of the servient tenement over which the easement is declared.