Trewin v Felton

Trewin v Felton involved a dispute over the width of a driveway aperture between two adjacent properties in Sydney. The court was asked to determine whether the defendant, Felton, had unlawfully obstructed the plaintiff, Trewin's, right of way over the driveway. The driveway was accessed via two gateposts and was used to access a rear laneway. The plaintiff claimed that the gateposts were placed too close together, thereby obstructing the driveway, while the defendant argued that the gateposts were properly placed, allowing for sufficient access.

The central legal issues for the court to decide were whether the gateposts constituted an obstruction and whether the width of the driveway aperture was sufficient to allow reasonable access. The court had to interpret the relevant easement agreement and assess whether the defendant's actions amounted to an unlawful interference with the plaintiff's right of way.

The court found that the gateposts did indeed obstruct the driveway, as the aperture was too narrow to allow for reasonable access. The court held that the width of the aperture must be sufficient to allow vehicles to pass through without difficulty. The court also found that the defendant's actions amounted to an unlawful interference with the plaintiff's right of way, as the obstruction significantly impeded the use of the driveway. Based on these findings, the court ordered the defendant to remove the gateposts or adjust their placement to allow for a wider aperture. The court further ordered the defendant to compensate the plaintiff for any damages caused by the obstruction.