Proprietors of SP 20297 v G & S Developments Pty Limited

The case of Proprietors of SP 20297 v G & S Developments Pty Limited involved a dispute over the defendant's drilling of rock anchors into the plaintiff's land. The plaintiff sought an injunction and damages for trespass, arguing that the defendant had no authority to enter or drill on their land. The defendant, in turn, claimed that the plaintiff had consented to the drilling and that any entry was pursuant to an agency agreement. The case was heard in the Supreme Court of Victoria.

The primary legal issues that the court had to address were whether the defendant had the plaintiff's consent to drill the rock anchors and whether the defendant's agent had the authority to enter the plaintiff's land. The court needed to determine whether the onus of proving consent lay with the plaintiff or the defendant. Additionally, the court needed to assess whether the agent had the authority from the principal to perform the actions in question.

The court found that the onus of proving consent lay with the defendant, and the defendant had not provided sufficient evidence to demonstrate that the plaintiff had consented to the drilling. The court further found that the agent did not have the authority to enter the plaintiff's land or perform the drilling without explicit authorisation from the principal. The court determined that the defendant's actions constituted a trespass to land, and the plaintiff was entitled to an injunction and damages. The court held that the defendant's defence of consent and agency were not substantiated by the evidence presented.

The final orders of the court were that the defendant was to immediately cease all drilling activities on the plaintiff's land and remove any rock anchors installed. The defendant was also ordered to pay the plaintiff's costs of the proceedings. The court granted an injunction to prevent any future unauthorised entry onto the plaintiff's land and awarded damages for the trespass that had already occurred.