Mount Cathay Pty Ltd v Lend Lease Funds Management Limited

[2013] HCASL 3

MOUNT CATHAY PTY LTD

v
LEND LEASE FUNDS MANAGEMENT LIMITED & ORS

[2013] HCASL 3

B62/2012

1. The applicant and the respondents own adjoining properties.  There is a registered easement over the applicant's property in favour of the building occupied by the respondents.  When the easement was granted and registered in 1984, the dominant tenement consisted of one parcel of land which was then substantially subdivided under a strata title subdivision.  In consequence of that subdivision each respondent held a title under it.  After the applicant blocked access, the respondents successfully sought a permanent injunction requiring the applicant to keep the doors blocking access to the easement open. 

2. The Court of Appeal dismissed an appeal for various reasons.  

3. None of those reasons are dealt with specifically in the Applicant's Written Case.  The Draft Notice of Appeal contains 15 grounds of appeal.  But the Applicant's Written Case is principally directed to an account of the factual background.  On the strength of some of those facts, the Applicant's Written Case submits that all questions "can reasonably be argued to be affirmative", ie answered in the applicant's favour.  Otherwise the Applicant's Written Case relies on generalised complaints about the primary judge's exercise of discretion.  The Applicant's Written Case does not demonstrate any error in the Court of Appeal's reasoning.

4. The application must be dismissed.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

J.D. Heydon
26 February 2013 V.M. Bell