Graham v Murphy

The case of Graham v Murphy was heard in the Queensland Supreme Court, where the applicant, Graham, sought to establish a statutory right of user over the land of the respondent, Murphy. This application arose from a dispute over the supply of services, specifically the removal of a power pole situated on Murphy’s land, which obstructed Graham’s proposed development. The central issues before the court were whether it was reasonable to remove the power pole, the appropriate conditions for access to the services, and the costs associated with the proceedings.

The court examined the legal framework provided by the Property Law Act 1974, focusing on the necessity for a statutory right of user. The primary contention was whether the removal of the power pole was reasonable, given the impact on the supply of services. The court also deliberated on the terms of access for services, including the hours during which access would be permissible. Additionally, the court addressed whether costs should be awarded on the indemnity basis, considering the nature and outcome of the proceedings.

In its decision, the court found that imposing a statutory right of user over Murphy’s land was necessary to facilitate the services required for Graham’s development. The court determined that the removal of the power pole was reasonable and outlined the specific conditions for access to the services. It concluded that costs should be awarded on the indemnity basis, reflecting the complexity and significance of the proceedings. Consequently, the court ordered the imposition of a statutory right of user, directed the respondents to pay the costs of the applicants, and stipulated that costs would not be awarded for the application for the imposition of the right of user. The court also provided for the release of the parties from their undertakings upon registration of the easement.