Event and Time
Event Description
The case involves a legal dispute regarding alleged trespass related to underground gas infrastructure (Gas Assets) owned by Jemena Gas Networks (NSW) Ltd. The underlying property has changed ownership multiple times, and the original licensing agreement under which the Gas Assets were installed has since terminated. The present property owners, Manboom Pty Ltd and Outdoor Signage Pty Ltd (the Owners), claim that Jemena is continuously trespassing by retaining the Gas Assets without a valid license or authority.
Application and Claims
- Plaintiffs: Manboom Pty Ltd and Outdoor Signage Pty Ltd (the Owners)
- Defendant: Jemena Gas Networks (NSW) Ltd
- Claims by Owners:
- Continuing actionable trespass due to the presence of Gas Assets after license termination. - Seeking orders for Jemena to remove the Gas Assets, make good all damage caused by the removal, and pay damages.
Judicial Decisions
- The court refused Jemena's application for a separate determination of the statutory authority defense, dismissing Jemena's Notice of Motion with costs.
Dispute Points and Legal Basis
Dispute Points
- Owners' Position:
- Claim that Jemena is trespassing by retaining Gas Assets post-termination of the licensing agreement. - Assert that there are no valid grounds for Jemena’s continued occupation or use of the Gas Assets. - Contend Jemena's reliance on statutory authority defenses related to the Australian Gas Light Company Act 1837, 1858 Amendment, and the Gas Supply Act 1996 is misplaced.
- Jemena's Position:
- Argues it has a statutory authority defense that justifies the retention of the Gas Assets. - Initially sought to determine whether it had any entitlement to keep the infrastructure on the Owners' land, specifically referring to the 1996 Act initially, later expanding to include older acts (1837 and 1858 Acts). - Contends that factual questions related to the applicability of these acts are minimal or non-existent.