Greta Land Company Pty Ltd v Susan Maria Basalto

In the case of Greta Land Company Pty Ltd v Susan Maria Basalto, the plaintiff sought an easement over the defendant's land to allow access to their property. The matter was heard in the Supreme Court of New South Wales. The plaintiff contended that the defendants' refusal to grant an easement was unreasonable and sought an interim injunction to compel the defendants to permit access. The defendants opposed the application, arguing that the plaintiff had not demonstrated a strong case for a final injunction, and that the balance of convenience favoured their refusal to grant an easement.

The court was required to determine whether the plaintiff had established an arguable case for a final injunction and whether the balance of convenience favoured granting the interim injunction. The court considered the evidence presented by both parties, including the nature of the plaintiff's property, the potential impact of the easement on the defendants' property, and the availability of alternative access routes. The court also considered the potential prejudice to the defendants if the interim injunction was granted.

After considering the evidence, the court found that the plaintiff had established an arguable case for a final injunction. The court found that the balance of convenience favoured granting the interim injunction, as the plaintiff would suffer significant prejudice if access to their property was not granted. The court also found that the defendants would not suffer significant prejudice if the interim injunction was granted, as they could still use their property in the same way as before. The court therefore granted the interim injunction, allowing the plaintiff access to their property over the defendants' land.