2040 Logan Road Pty Ltd v Body Corporate for Paddington Mews CTS 39149

In the case of 2040 Logan Road Pty Ltd v Body Corporate for Paddington Mews CTS 39149, 2040 Logan Road Pty Ltd sought a statutory right of user over a private driveway to facilitate access to two proposed carparks on the applicant’s land. The court had to determine whether the proposed easement was reasonably necessary in the interests of the effective use of the applicant’s land and whether the grant of an easement would be in the public interest. The court also needed to consider whether the respondent unreasonably refused to agree to accept the imposition of the easement.

The court found that the proposal formulated by the applicant on 30 and 31 July 2015 was not sufficiently detailed for the respondent to make a properly informed decision whether to accept or reject it. The court was not satisfied that the proposed easement was reasonably necessary in the interests of the effective use of the courtyards to units 4 and 5. The court also found that the public interest did not favour the grant of the easement due to the real safety concerns raised by the proposal and the risk of harm that it would create with respect to pedestrians using the easement, especially children. The court held that the respondent's refusal to agree to accept the imposition of the proposed easement was not unreasonable in the circumstances. The court further found that it had not been established that Paddington Mews had unreasonably refused to agree to the imposition of the easement.

The application for a statutory right of user was dismissed. The court ordered that the parties would be heard on the question of costs.