Multiplex Bluewater Marina Village Pty Ltd v Harbour Tropics Pty Ltd

Multiplex Bluewater Marina Village Pty Ltd (the applicant) brought an application against Harbour Tropics Pty Ltd (the respondent), seeking a declaration that they and marina berth users are entitled to unlimited use of the marina facilities, including car parks on the respondent’s land. The application was heard in the Queensland Land Court. The respondent had granted an easement to the applicant and marina berth users, allowing them to use the marina facilities, but sought to limit the time allowed for parking. The central issue for the court was whether car parking for an extended period would alter the nature of use from parking to storage, and whether it was appropriate to make the declaration sought by the applicant, which generally restates the terms of the easement instrument.

The court considered the terms of the easement and the nature of the use by the applicant and marina berth users. The easement allowed for the use of the facilities, including car parks, but did not specify a time limit for parking. The court examined whether extending the parking time would change the use from parking to storage. It was found that the nature of the use remained the same, regardless of the duration. The court also noted that the easement terms were clear and unambiguous, and the declaration sought by the applicant generally restates those terms.

The court concluded that the applicant and marina berth users are entitled to unlimited use of the marina facilities, including car parks on the respondent’s land, without the time limit imposed by the respondent. The application for relief in terms of paragraph 1 of the originating application was adjourned, and the issue of costs in respect of that application was also adjourned to a date to be fixed.