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Body Corporate for Vision Centre Gold Coast Community Title Scheme 29190 v Nerang Qld Pty Ltd [2024] QSC 152

In Body Corporate for Vision Centre Gold Coast Community Title Scheme 29190 v Nerang Qld Pty Ltd [2024] QSC 152, the Supreme Court of Queensland addressed issues regarding the right of way and associated easements between the Vision Centre and Nerang Qld Pty Ltd. The applicants, Vision Centre and Dr. Roger Thomas Welch, sought a permanent injunction against Nerang for obstructing their right of way easement through the construction of temporary fences, which restricted access to an existing driveway. The Court found that both parties had mistaken the location of the easement and dismissed the applicants' application, discharging the interlocutory injunction originally granted. The Court ruled that the existing plights and impediments facing Vision Centre indicated that there was no valid or actionable obstruction to the easement since their intended access was not presently available. Additionally, Nerang's cross-application to remove parts of a utilities building claimed to be encroaching on their land was dismissed, as the Court found no evidence of encroachment protected under relevant easements.


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