Sydney Redevelopments 1 Pty Ltd v Chui

In the case of Sydney Redevelopments 1 Pty Ltd v Chui, the plaintiff sought to establish an easement over the defendants' property to facilitate the construction of a hotel. The plaintiff owns a property on which it has commenced the development of a 308 room hotel, including a commercial component. The defendants are the owners of an adjoining property over which the plaintiff requires access to airspace for crane operations and physical access to erect a hoarding, install jump form, and construct scaffolding. The matter was heard and determined in the Supreme Court of New South Wales.

The central legal issue before the court was whether the plaintiff was entitled to an easement over the defendants' property. This required the court to determine whether the proposed easement was not inconsistent with the public interest, whether the defendants could be adequately compensated, and whether the plaintiff had made all reasonable attempts to obtain the easement. The court had to apply the provisions of the Conveyancing Act 1919 (NSW) s 88K in its analysis.

The court held that the easement sought by the plaintiff was not inconsistent with the public interest and that the defendants could be adequately compensated for the grant of the easement. The court found that the plaintiff had made all reasonable attempts to engage with the defendants regarding the easement, and where the defendants had not participated in the process, orders for substituted service were made and complied with. The court concluded that the plaintiff was entitled to an easement over the defendants' property and that the plaintiff must pay the defendants compensation for the grant of the easement. The final orders included the establishment of the easement and the payment of compensation by the plaintiff to the defendants.