Gittany v McDowell

The case of Gittany v McDowell was heard in the Supreme Court of New South Wales. The plaintiff, Gittany, alleged that the defendant, McDowell, had breached an agreement to grant an easement over his property for the purpose of draining water from Gittany's property. Gittany further contended that the agreement had not ended through mutual abandonment. McDowell denied that the agreement had been breached and argued that it had terminated by mutual abandonment.

The court was required to determine whether an agreement to grant an easement had been breached and whether the agreement had been terminated by mutual abandonment. The court also had to consider whether the requirements of section 88K(1) and (2)(c) of the Conveyancing Act (NSW) had been met in relation to the easement.

The court found that there had been an agreement to grant an easement for the purpose of draining water from Gittany's property. The court held that the agreement had not been breached and that it had not been terminated by mutual abandonment. The court held that the requirements of section 88K(1) and (2)(c) of the Conveyancing Act (NSW) had been met in relation to the easement. The court found in favour of the plaintiff, Gittany.

The court ordered that the defendant, McDowell, grant the easement to the plaintiff, Gittany, for the purpose of draining water from her property. The court further ordered that the defendant pay costs of the proceeding.