Evans v Cornish Nominees Pty Ltd

Evans initiated proceedings against Cornish Nominees Pty Ltd in the Supreme Court of New South Wales, seeking the grant of a right of carriageway under section 88K of the Conveyancing Act 1919. The dispute centred on the necessity and fairness of imposing an easement on Cornish Nominees' land to benefit Evans' adjacent property. The central legal issue was whether the requirements of section 88K were satisfied, specifically whether the easement was reasonably necessary for the effective use or development of Evans' land and if Cornish Nominees could be adequately compensated for any loss arising from the imposition of the easement.

The court examined the nature and extent of the proposed easement, the impact it would have on Cornish Nominees' property, and the benefits it would confer on Evans' land. The court concluded that the easement was not reasonably necessary for the effective use or development of Evans' land. Furthermore, the court found that Cornish Nominees could not be adequately compensated for the loss arising from the imposition of the easement, as it would significantly impair the use and enjoyment of their property. Consequently, the court determined that the requirements of section 88K were not met, and it would not exercise its discretion to grant the easement.

Given that the requirements of section 88K were not satisfied, the court dismissed Evans' application for the grant of a right of carriageway. The decision underscored the importance of balancing the rights of neighbouring landowners and the necessity of easements to ensure they serve a legitimate and significant purpose.