Background:
The dispute arose when Scott Leonard Hay, the defendant, built a fence along an access road that was part of an easement granted to Richard John Thompson by the defendant’s predecessor in title. The fence was constructed not just within the easement but also within the roadway itself, obstructing access. Thompson removed the fence, claiming the right to abate a nuisance or trespass. The plaintiff sought an injunction to prevent any future obstructions.

Legal Issues:
The primary legal issue was whether the defendant’s fence construction violated the plaintiff's easement rights. The court also addressed the proper width of the area to be protected by the injunction and whether the plaintiff had the right to remove the fence.

Plaintiff's Position:
Thompson argued that the defendant’s fence interfered with his easement rights and requested an injunction to prevent future obstruction. He proposed that the injunction prohibit any construction within 9 meters of the easement's centerline.

Defendant's Position:
Hay contended that a 9-meter prohibition was excessive and infringed on his property rights. He suggested a narrower restriction of 4.5 meters, arguing the road was more akin to a driveway than a standard road.

Court's Decision:
The court ruled in favor of Thompson, issuing an injunction that prohibited any construction within 7 meters of the road's center. The court concluded this was necessary to protect the plaintiff's easement rights.

Costs and Award:
The document did not specify the total amount of costs or an award in favor of either party.