Busways Management Pty Ltd v Milner

Busways Management Pty Ltd sought a declaration that an easement was created over the land of Milner. The dispute was heard by the Supreme Court of Queensland. The primary issue was whether an easement was created over the land of Milner that permitted Busways to lay, maintain, and operate an electrical power line. Busways argued that the easement was created by express agreement and was reasonably necessary for the effective use and development of their land. Milner contended that no easement had been created, and if it had, it was not reasonably necessary for Busways’ land.

The court considered the evidence of the circumstances surrounding the creation of the easement and the necessity of the easement for Busways. It was found that there was an express agreement between the parties that included the creation of an easement. The court further determined that the easement was reasonably necessary for the effective use and development of Busways’ land. The court exercised its discretion to grant the easement, finding it to be reasonably necessary for Busways’ land. The court made a declaration that an easement over Milner’s land was created by express agreement and was reasonably necessary for Busways’ land.