The respondents sought a declaration that a route across the appellant's land was an access road under the Road Access Act.
The trial judge found an access road existed and granted an injunction allowing the respondents access.
The trial judge also found the appellant in contempt for breaching interim orders.
On appeal, the Court of Appeal set aside the injunction because it was not properly before the trial judge, and set aside the finding that an access road existed because the trial judge failed to properly consider evidence of overgrowth and the respondents' actions in clearing the route.
The matter was remitted for re-determination.
The finding of contempt was upheld.
