REAL PROPERTY – EASEMENTS – EASEMENTS GENERALLY – CREATION – BY EXPRESS AGREEMENT OR UNDER STATUTE – STATUTORY EASEMENTS – where applicant applies for orders allowing its contractors access to the respondent’s land to rectify a retaining wall sitting on the common boundary between the two properties – where orders made allowing access – where costs submissions sought – where both parties seek their costs – where applicant must show special circumstances to secure such an order – where respondent had legitimate interests to defend – where the respondent contributed to the protraction of the proceedings – whether the respondent should bear some of the costs burden
Body Corporate and Community Management Act 1997, s 94 Property Law Act 1974, s 180 Body Corporate and Community Management (Standard Module) Regulation 1997, r 159
2
Uniform Civil Procedure Rules 1999, r 681
2040 Logan Road Pty Ltd v Body Corporate for Paddington Mews [2016] QSC 40, cited Ex parte Edward Street Properties Pty Ltd [1977] Qd R 86, cited Lambert Property Group Pty Ltd v Body Corporate for Castlebar Cove [2015] QSC 179, cited Lang Parade Pty Ltd v Peluso & Ors [2006] 1 Qd R 42, cited Re De Pasquale Bros Pty Ltd v NJF Holdings Pty Ltd [2000] QSC 4, followed

Body Corporate for Torwood Hill Residential Retreat CTS 24557 v Fittell [2020] QSC 32 (6 March 2020)