Pekel v Humich

Pekel v Humich is a case concerning a dispute over the rights to a proposed subdivision on a piece of land in Queensland. The plaintiff, Pekel, claimed that the defendant, Humich, was infringing on a lost modern grant right of way. The case was heard by the Supreme Court of Queensland. The legal issues that the court needed to address were whether the Crown land fell within the doctrine of lost modern grant and whether the right of way had been abandoned. The court concluded that the Crown land did fall within the doctrine of lost modern grant, and that the right of way had not been abandoned. The court also found that the plaintiff's claim was not statute-barred, and granted a declaration and injunction in favour of the plaintiff. However, the injunction was suspended for a period of six months to allow the parties to negotiate a resolution. This case highlights the importance of understanding the doctrine of lost modern grant and the factors that determine whether a right of way has been abandoned. It also demonstrates the court's willingness to grant equitable relief in cases where a party's rights have been infringed. The final orders of the court included a declaration that the defendant was not entitled to use the land in question, and an injunction prohibiting the defendant from doing so. However, the injunction was suspended for six months to allow for negotiations between the parties.