Blythe v Willis

In the matter of Blythe v Willis, the parties involved were Blythe, the plaintiff, and Willis, the defendant. The dispute centred on an easement claimed by the plaintiff, Blythe, over a right of carriageway that traversed the defendant's property. The case was heard in the Supreme Court of New South Wales. The plaintiff sought a declaration that a right of carriageway existed over the defendant's land, which had been conveyed to the plaintiff's predecessor in title by a memorandum of transfer. Additionally, the plaintiff sought an injunction to prevent the defendant from obstructing the right of carriageway.

The central legal issue before the court was whether the memorandum of transfer, which was not registered in the Torrens system, could be relied upon to establish the easement. Furthermore, the court needed to determine whether the right of carriageway could be recognised under the doctrine of lost modern grant. The court had to assess whether the evidence supported the existence of a right of carriageway and whether it could be established as an easement over the defendant's property. The court also needed to consider whether the easement could be implied from the circumstances surrounding the sale and conveyance of the land.

The court found that the memorandum of transfer could indeed be relied upon to establish the easement, as it contained a clear reference to the right of carriageway. The court held that the doctrine of lost modern grant applied, allowing the easement to be recognised despite the absence of a registered instrument. The court determined that the evidence supported the existence of the right of carriageway and that it could be established as an easement over the defendant's property. Consequently, the court granted the plaintiff's request for a declaration of the easement and issued an injunction to prevent the defendant from obstructing the right of carriageway. The court's decision recognised the importance of preserving historical rights of access and ensuring that property rights are accurately reflected in the Torrens system.