Lowe v Kladis

• 1. Easements
  2. › Rights of carriageway
  3. › Construction of registered easements under Torrens system
  4. › Obligations of servient owner
  5. › Whether proposed works substantially interfere with dominant owner's rights of carriageway
  6. › Whether servient owner entitled to balance own interests against dominant owner's rights
  7. › Conveyancing Act 1919 (NSW), s 181A(1), Pt 1, Sch 8
• 1. Easements
  2. › Rights of carriageway
  3. › Obligations of dominant owner
  4. › Whether proposed works by dominant owner unreasonably interfere with servient owner's rights
  5. › Whether necessity of works to dominant owner is decisive of reasonableness
  6. › Whether interference with servient owner's use of own land was unreasonable
• 1. Practice and Procedure
  2. › Parties
  3. › Joinder of necessary parties
  4. › Whether owners of lot affected by proposed development should have been joined
  5. › Whether orders directly affected rights of non-party
  6. › Uniform Civil Procedure Rules 2005 (NSW), r 6.23
  7. › Supreme Court Act 1970 (NSW), s 63
• 1. Appeal
  2. › Standard of appellate review
  3. › Finding of fact as to unreasonable interference with easement
  4. › Whether finding was discretionary or factual
  5. › Whether House v The King or Warren v Coombes standard applies

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