Pike v Tighe

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, KEANE, GORDON AND EDELMAN JJJOSHUA JAMES PIKE & ANOR  APPELLANTSANDKYM LOUISE TIGHE & ORS   RESPONDENTSPike v Tighe[2018] HCA 914 March 2018B33/2017ORDER1.Appeal allowed.2.Set aside orders 2 to 5 of the orders made by the Court of Appeal of the Supreme Court of Queensland on 23 December 2016 and, in their place, order that:(a)the appeal be dismissed; and(b)the matter be remitted to the primary judge for the making of final orders.3.The first respondents pay the appellants' costs of this proceeding and the proceedings in the courts below.On appeal from the Supreme Court of QueenslandRepresentationD R Gore QC with J G Lyons for the appellants (instructed by Wilson/ryan/grose Lawyers) D A Savage QC with A L Raeburn for the first respondents (instructed by Connolly Suthers Lawyers)Submitting appearance for the second respondent Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSPike v TigheTown planning – Conditions on development – Where development approval permitted reconfiguration of lot into two lots – Where development approval subject to conditions – Where conditions included requirement to provide easement to allow access, on-site manoeuvring and connection of services and utilities – Where easement executed by registered proprietors of original lot did not comply with condition – Where Council approved survey plan to give effect to reconfiguration – Where titles for new lots created – Whether successor in title obliged to provide easement complying with condition.Town planning – Enforcement orders – Where...