The Court held that Property Law Act 1969 (WA) s 52 does not create any 'statutory implied easement'; its purpose is limited to modifying the common law rule that a covenant by a person with themselves and others is void, thereby permitting a developer to enter covenants with itself during subdivision. The application for leave under the Vexatious Proceedings Restriction Act 2002 (WA) s 6 was dismissed because the proposed proceedings had no prima facie ground, the underlying easement/restrictive covenant claim having already been conclusively rejected by the Court of Appeal in Chin [2019] WASCA 116 and special leave refused by the High Court, and the re-agitation of determined issues was characterised as both an abuse of process and a hallmark of vexatious litigation.
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