St Johns Wood, Queensland - Rainbow Subdivision/St John's Wood Hill

Rainbow Subdivision/St John's Wood Hill

The locale of St John's Wood comprises portions 165, 166, 381 and 382 in the Parish of Enoggera, Brisbane. The land on the western perimeter of St John's Wood identified as Portion 382 being an area of 15 acres (6 ha), 1 rod and 16 perches was originally purchased 10 August 1864 by Joseph Berry. This land remained intact until subdivision in the 1980s. The land had been bought by Blue Metal & Gravel (BMG Resources Ltd.) who also owned the quarry on the opposite southern side of Waterworks Road, (where The Gap Tavern stands today) with the intention of quarrying the site. In the 1970s there was enormous opposition to the quarry on the southern side of the road and BMG made the decision not to quarry the St John's Wood site. Several attempts were made to subdivide the land including one in which it was to be subdivided into 60 townhouse sites. When these attempts proved fruitless the land was put up for sale and was purchased in 1984 by local real estate agent Syd Appleby and his wife Merryl and Allan and Maree Rainbow. They initially subdivided the land into 23 lots with the Applebys and the Rainbows retaining the largest two lots of 2.5 acres each in the northwestern corner. The first purchasers of the subdivided land were airline pilot, Richard Kleeman and his wife Sue and Professor Peter Coaldrake and his wife Dr. Lee Coaldrake. Soon after their house were built and they moved in, the Coaldrakes and the Applebys traded houses, with the Coaldrakes then owning the larger block in the north west corner next to the Rainbows. In 1991, the Coaldrakes and Rainbows decided to subdivide their two lots into six lots. Their properties had access with two other lots under a reciprocal easement arrangement. One of the owners demanded one hundred and thirty thousand dollars on payment to allow the subdivision to proceed without challenge. When this demand was rejected the owner took the matter to the Supreme Court where she lost the case. She continued to demand the money and appealed the court decision. This decision was upheld and the case proceeded to the High Court where it was again upheld. This case became and remains a landmark case on easements in Australian and British law. The issue was: When a dominant block is subdivided does each of the subdivided parts gain the benefit of the easement? The High Court held that it did only if it was of benefit to the subdivided parts. They emphasised the point that an easement is not a personal right, it belongs to land, it attaches to dominant land for the benefit of that land. If it benefits each of the subdivided parts, it is attached to them and does belong to them.

• St. John's Wood Hill Certificate of Title issued to BMG Resources Ltd. on 20 April 1966

• Original St. John's Wood Hill subdivision plan submitted to Brisbane City Council.

• St. John's Wood Hill Brisbane City Council subdivision approval with conditions granted to C. S. & M. L. Appleby and M. E. Rainbow on 14 October 1985.

• St. John's Wood Hill 'Land for Sale' Advertisement in the local Westside News, Wednesday 23 July 1986.