Catchwords:
CONTRACTS — Formation — Whether binding agreement existed between the parties —Where defendant provided letter to Council stating that parties had reached in principle agreement regarding the grant of easement by the defendant in favour of the plaintiff — Where parties had negotiated the terms of a Deed providing for the grant of the easement — Whether intention of the parties was not to make a concluded bargain unless and until they executed the Deed —Where the Deed was not signed by the defendant
ESTOPPEL — Promissory or proprietary estoppel — Whether the defendant represented that it agreed to or would grant an easement to the plaintiff— Whether plaintiff relied on such a representation or promise — Where defendant provided letter to Council that parties had reached in principle agreement regarding the grant of easement — Discussion as to appropriate relief if estoppel made out
LAND LAW — Easements — Whether easement should be granted pursuant to s 88K of the Conveyancing Act — Whether easement reasonably necessary — Where alternative access routes potentially available — Where proposed easement provided the safer and more practical route
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