Lang Parade Pty Ltd v Peluso

In the case of Lang Parade Pty Ltd v Peluso, the plaintiff, Lang Parade, sought to establish a statutory right of user over the properties of the defendants, the Pelusos, to allow the construction of a building. The defendants claimed that the plaintiff's cranes were trespassing over their properties and demanded that the trespass cease or compensation be paid. The defendants refused to accept any compensation offer made by the plaintiff, stating that the offers did not reflect the level of profit from reduced construction costs.

The primary legal issue was whether the plaintiff had established the requirements in section 180 of the Property Law Act 1974 to impose a statutory right of user. The court had to determine if the plaintiff had satisfied the conditions necessary to establish a statutory right of user over the defendants' properties. Additionally, the court needed to assess the validity of the defendants' claims that the plaintiff's cranes were trespassing over their properties.

The court found that the plaintiff had satisfied the requirements of section 180 of the Property Law Act 1974, which allows for the imposition of a statutory right of user. The court noted that the initial indication by one defendant that the trespass was allowed did not constitute a waiver of their rights. The court further determined that the defendants' refusal to accept any compensation offer was unreasonable, as the offers did not reflect the level of profit from reduced construction costs. Therefore, the court held that the plaintiff had established a statutory right of user over the defendants' properties.

As a result of the court's decision, judgment was entered in favour of the plaintiff. The court invited further submissions from the parties as to the wording of the order.