Anthony Messina appeared for the applicant, instructed by Thomson Geer.
This case concerns a dispute between the owners of two adjoining residential properties, in circumstances where several structures used by the applicant encroach onto the respondents’ adjoining property. The applicant sought orders for the conveyance of the land subject to the encroachments from the respondents to the applicant, and the respondents conversely sought an injunction for the removal of the encroachments. Ultimately, the court exercised its discretion under s 185 of the Property Law Act 1974 (Qld) to order the transfer of some of the land subject to the encroachments to the applicant and the subsequent payment of compensation to the respondents. Pursuant to this discretion, the court also ordered that the respondents could deal with certain other encroachments as they pleased if they were not removed by the applicant within 120 days.
The judgment can be read by clicking here
