Davies & Ors v Gold Coast City Council [2021] QDC 135 — Easements & Nuisance — Barrister AI

Davies & Ors v Gold Coast City Council

[2021] QDC 135

District Court of Queensland

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Interrogate

Catchwords

1. Real Property
2. › EASEMENTS
3. › PARTICULAR EASEMENTS AND RIGHTS
4. › OTHER EASEMENTS
5. › where the servient tenement is subject to a utility easement for a stormwater pipeline
6. › which structures are within the purview of the easement agreement.
1. Torts
2. › NUISANCE
3. › PRIVATE NUISANCE
4. › WHAT CONSTITUTES AND GENERALLY
5. › where the plaintiffs have been unable to use their backyard as contemplated when purchasing the property
6. › the obligations in nuisance which attach to the right of use and maintenance of a utility easement
1. Torts
2. › NUISANCE
3. › PRIVATE NUISANCE
4. › REMEDIES
5. › INJUNCTION
6. › where a faulty stormwater pipeline within an easement has caused damage to the servient tenement
7. › where sinkholes and subsidence have damaged the plaintiffs’ landscaping and accompanying structures
8. › whether the plaintiffs are entitled to an injunction to for repair, remediation and/or removal works
9. › whether, in the alternative, the plaintiffs are entitled to damages for their loss
1. Torts
2. › NUISANCE
3. › PARTIES
4. › WHO MAY BE LIABLE
5. › OCCUPIER, OR CONTROLLER OF PREMISES, NOT CREATING NUISANCE
6. › where Council did not construct the faulty pipeline but entered into an easement instrument with the owners of the servient tenement
7. › whether persons who did not create, but fail to stop, a nuisance are liable.

Case Details

Citation[2021] QDC 135

CourtQDC

JurisdictionQueensland

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Cited by1

2026Nanos v RossengasVCC 127

Relies on30

2018State of Queensland v Baker Superannuation Fund Pty Ltd & Anor; Aurizon Operations Limited v Baker Superannuation Fund Pty Ltd & AnorQCA 168
2017Riverman Orchards Pty Ltd v HaydenVSC 379
2014Sleeman & Anor v SPI Electricity Pty LtdVSC 49
2013Hare v van BruggeNSWCA 74
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