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Parties share an easement over their land; application by one party to extinguish easement and application by other party to restrain interference with easement; each application dismissed: Muir J.
Primary Judgment
SC10869/04 (No Citation)
15 Feb 2005
Injunction ordered restraining ability of vehicles to pass through easement and any works interfering with drainage: Muir J.
Primary Judgment
[2005] QSC 61
31 Mar 2005
Discharging injunction granted by Muir J on 15 February 2005; application for removal of fence on easement dismissed; application seeking to set aside Muir J orders dismissed: Mullins J.
Appeal Determined (QCA)
[2005] QCA 295
16 Aug 2005
Appeal dismissed with costs; appeal against Muir J decision not to extinguish easement between and burdening the property of each party; primary judge correct that the appellants did not make out a case for extinguishment under s 181 PLA: Williams, Jerrard and Keane JJA.
Appeal Determined (QCA)
[2007] QCA 174
29 May 2007
Appeal dismissed with costs; seeks to appeal cost orders made on 31 March 2005 and 18 December 2006; no leave obtained to bring appeal against any cost orders; incompetent appeal: McMurdo P, Holmes JA and Fryberg J.
Appeal Status
Appeal Determined (QCA)
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