Twomey v Blanch

Twomey v Blanch was a case in the Supreme Court of New South Wales where the plaintiff sought to restrain the defendant from excavating on their right of carriageway and installing a fence along the boundary of the servient tenement adjacent to the right of carriageway. The plaintiff also sought an expedited hearing of the application for interlocutory injunctions. The dispute arose out of a boundary dispute between two adjoining landowners, with the plaintiff claiming that the defendant's proposed excavation and fencing would interfere with their right of carriageway.

The court was required to determine whether the interlocutory injunctions should be continued and whether there were serious issues to be tried. The court was also required to determine whether the balance of convenience favoured injunctive relief. The court found that the plaintiff had established a serious question to be tried as to whether the defendant's proposed excavation and fencing would interfere with the plaintiff's right of carriageway. The court also found that the balance of convenience favoured injunctive relief, as the plaintiff's right of carriageway was likely to be irreparably harmed if the defendant was allowed to proceed with the proposed excavation and fencing.

The court granted the plaintiff's application for interlocutory injunctions, restraining the defendant from excavating on the right of carriageway and installing a fence along the boundary of the servient tenement adjacent to the right of carriageway. The court also granted the plaintiff's application for an expedited hearing of the application for interlocutory injunctions. The court found that the plaintiff had established a serious question to be tried and that the balance of convenience favoured injunctive relief. The court noted that the plaintiff's right of carriageway was likely to be irreparably harmed if the defendant was allowed to proceed with the proposed excavation and fencing, and that the defendant's proposed excavation and fencing would interfere with the plaintiff's right of carriageway.