Recent Cases

Gordon v Lever (No 2) [2019] NSWCA 275 (13 November 2019) (Bell P at [1]; Payne JA at [103]; Emmett AJA at [104])


REAL PROPERTY – Conveyancing Act 1919 s 88K – Easements – “Reasonably necessary” – where terms imposed on and limiting re use said to be uncertain in their practical operation – where terms in effect required use of alternative means of access in circumstances that were not readily capable of being assessed – where terms in substance required an alternative access route to be used in particular circumstances but where that alternative route would involve traversing property in breach of Crown Land Management Act 2016