Averono v Mbuzi

Averono brought an action against Mbuzi regarding an alleged obstruction to a right of way over Mbuzi's property. The dispute originated from a registered easement that granted Averono a right of way over part of Mbuzi's property. Mbuzi had removed bitumen from a section of the driveway on the servient tenement, which Averono claimed substantially interfered with the easement's use. Averono sought an interlocutory injunction and damages in the Supreme Court of Queensland.

The court needed to determine whether the removal of bitumen by Mbuzi constituted a substantial interference with Averono's right of way, warranting an injunction. The court also needed to assess whether the remaining driveway, albeit without bitumen, still allowed for the reasonable use of the easement by Averono. The central issue was whether the obstruction created by Mbuzi's actions was significant enough to warrant legal intervention.

The court found that although the removal of bitumen was an alteration to the servient tenement, the driveway remained traversable, and the easement could still be reasonably used by Averono. Consequently, the court concluded that the obstruction did not amount to a substantial interference with the easement. The interlocutory injunction was discharged, and Averono's amended originating application, along with subsequent applications, were dismissed. The court held that the actions of Mbuzi did not justify the granting of an injunction or damages to Averono.