M Salazar Properties Pty Ltd v Jeffs

[2024] QCA 257

Queensland Court of Appeal

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Interrogate

Catchwords

1. Real Property
2. › Easements
3. › Grant of easement
4. › Statutory right of user
5. › Clarity of application
6. › Whether easement with dimensions variable at discretion of local council had sufficient clarity to engage court's jurisdiction
7. › Property Law Act 1974 (Qld), s 180
1. Real Property
2. › Easements
3. › Grant of easement
4. › Statutory right of user
5. › Unreasonable refusal
6. › Whether refusal to agree to easement proposal lacking sufficient clarity was unreasonable
7. › Property Law Act 1974 (Qld), s 180(3)(c)(i)
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Statutory right of user proceedings
5. › Whether conduct of applicant warranted indemnity costs order
6. › Property Law Act 1974 (Qld), s 180(5)(e)

Quick Take

An application under s 180 of the Property Law Act 1974 (Qld) for a statutory right of user in the form of an easement must specify the easement with sufficient clarity for the court to assess the statutory safeguards; an easement with dimensions variable at the discretion of a local council is insufficiently clear to engage the court's jurisdiction, and ordinarily one should obtain a conditional development approval before applying under s 180.