Body Corporate for Vision Centre Gold Coast Community Title Scheme 29190 v Nerang Qld Pty Ltd

The dispute between the Body Corporate for Vision Centre Gold Coast Community Title Scheme 29190 and Nerang Qld Pty Ltd was brought before the court to address issues concerning rights of way and easements. The applicants, Vision Centre, hold a right of way easement over Nerang’s land, but both parties were initially mistaken about the easement's exact location. As a result, Vision Centre constructed a driveway adjacent to the easement, which led to vegetation and other impediments forming on the easement. Additionally, Nerang erected temporary fences at each end of the driveway that could only be opened by combination locks, further complicating the issue.

The court was required to determine whether Nerang had obstructed Vision Centre's right of way by erecting the fences and whether the court should order a mandatory injunction for Nerang to remove the trees on the easement and a prohibitory injunction for Nerang to not create any obstructions. Another issue was whether a portion of a utilities building situated on an easement for support over a small portion of Nerang’s land constituted an encroachment.

The court dismissed the applicants' application and discharged the interlocutory injunction. It also dismissed the respondent's cross-application, ruling against the applicants' claims. The court's reasoning focused on the misunderstandings about the easement's location and the subsequent actions taken by both parties. The court also found that the portion of the utilities building was not an encroachment. The court will hear the parties on costs.