Lowe v Kladis [2018] NSWCA 130

Lowe v Kladis [2018] NSWCA 130
Court of Appeal of New South Wales
Meagher & White JJA; Sackville AJA
Real property – easements – primary judge required appellants to consent to development application which respondent lodged in relation to construction of elevated driveway which would be partly on respondent’s land, and partly on land over which respondent’s land had benefit of right of carriageway – appellants contended proposed driveway unjustifiably interfered with their rights – whether erroneous decision that appellants were required to consent to development application – held: Court satisfied that proposed development ’would substantially interfere’ with appellants’ rights as dominant tenements’ owners – Court also satisfied proposed development would ’unreasonably interfere’ with rights of neighbouring proprietor of lot – appeal allowed.
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