Averono v Mbuzi

The dispute in Averono v Mbuzi was between Averono and Mbuzi, who held easements over each other's land for a shared driveway. Averono sought to extinguish the easement, which Mbuzi opposed. The matter was heard in the Supreme Court of Victoria. The primary legal issue before the court was whether the easement should be extinguished due to obsolescence or if its continued existence impeded reasonable use of the easement land. Additionally, the court had to determine whether extinguishing the easement would substantially harm Mbuzi.

The court considered whether the easement was obsolete and whether its continued existence impeded reasonable use. It found that the easement was not obsolete as it still served a purpose for access to the properties. The court also concluded that the continued existence of the easement did not impede reasonable use of the easement land. The court found that extinguishing the easement would substantially harm Mbuzi as it would effectively deny them access to their property. Consequently, the court dismissed the application to extinguish the easement.

The court ordered that the application for extinguishment of the easement be dismissed. Furthermore, the respondents were ordered to pay the applicants' costs of and incidental to the applications for injunction and extinguishment of Easement E, to be assessed on the standard basis excluding the applicants' costs of the hearing on 22 December 2004. Lastly, there was liberty to apply within 14 days of the court's date with respect to the order for costs.