Clough v Breen & Anor [2022] NSWSC 1026

Supreme Court New South Wales

Medium Neutral Citation: Clough v Breen & Anor [2022] NSWSC 1026 Hearing dates: 9, 10, 11, 12 & 13 May, 14 June, and 11 July 2022 Date of orders: 1 August 2022 Decision date: 01 August 2022 Jurisdiction: Equity Before: Slattery J Decision: The Court makes interlocutory orders and directs the parties to provide submissions as to the adjustment of those orders before the Court proceeds to final judgment. Catchwords: REAL PROPERTY – EASEMENTS – a complex and protracted dispute in relation to the use of easements for the use of an inclinator, the supply of services, giving rights-of-way, and other related easements – dispute has been a perennial subject of litigation between the plaintiff and the defendants who are neighbours – hearing in May 2022 – proceedings relisted in July 2022 as a result of further incidents – whether interlocutory orders should be made pending determination of the final issues, and if so what should be the form of those interlocutory orders – what is the best course for quelling the parties dispute in the near term, consistent with their respective rights under the easements. Legislation Cited: Conveyancing Act 1919, s 88B Cases Cited: Breen v Clough [2017] NSWSC 1681 Breen v Clough [2018] NSWCA 172 Clough v Breen [2020] NSWSC 653 Category: Principal judgment Parties: Plaintiff/Cross-Defendant: Christine May Clough First Defendant/Cross-Claimant: Douglas Martin Breen Second Defendant/Cross-Claimant: Tracey Jane Dillon Representation: Counsel: Plaintiff/Cross-Defendant: Mr D.O'Connor; Ms C. Langford Defendant/Cross Claimants: Mr F. Maghami; Mr M. McGirr