Nahata v Robertson [2023] NSWSC 642

The plaintiffs (Himanshu Nahata and Priyanka Jain) wanted to construct a duplex on their land. To do so, they needed to put in storm water drainage, that would have to go through their neighbour's land.

The neighbours, Russell & Stana Robertson, did not agree to grant an easement over their land. Among their reasons for refusing was that the construction works would dig up and destroy existing concrete paths, shed and retaining wall.

The plaintiffs applied to the Court for the easement. Were they successful?

Special appearance from Evie Chapman who found this case to be very boring.