Natva Developments Pty Ltd v McDonald Bros Pty Ltd

Natva Developments Pty Ltd brought a proceeding against McDonald Bros Pty Ltd concerning an easement of right of way. The plaintiff sought to access the easement at a point that would maximise their profit from a proposed development. The defendant opposed the plaintiff's proposed access, arguing it would have adverse consequences for the servient tenement. The case was heard by the Supreme Court of New South Wales.

The court was required to determine whether the plaintiff's proposed access was reasonable, considering the adverse consequences for the servient tenement. The court considered the nature and purpose of the easement, the extent of the interference caused by the proposed access, and the availability of other reasonable access points. The court also examined the impact of the proposed access on the servient tenement's use and enjoyment of the land.

The court held that the plaintiff's proposed access was not reasonable, as it would substantially interfere with the defendant's use and enjoyment of the servient tenement. The court found that there were other reasonable access points available to the plaintiff, which would not cause the same level of interference to the defendant. The court emphasised the importance of balancing the rights of both the dominant and servient tenements in easement disputes.

The court ordered that the plaintiff's proposed access was not reasonable and that the plaintiff must access the easement at a point that did not substantially interfere with the defendant's use and enjoyment of the servient tenement. The court also ordered that the plaintiff bear its own costs of the proceeding.