Clough v Breen & Anor (No. 2) [2022] NSWSC 1759

Supreme Court New South Wales

Medium Neutral Citation: Clough v Breen & Anor (No. 2) [2022] NSWSC 1759 Hearing dates: 1 August and 20 September 2022 Date of orders: 19 December 2022 Decision date: 19 December 2022 Jurisdiction: Equity Before: Slattery J Decision: A declaration made that Easement I does not permit the defendants to place a CCTV camera on the area of the plaintiff's land burdened by the easement. Catchwords: REAL PROPERTY – EASEMENTS – dispute in relation to the use of various easements for the use of an inclinator, the supply of services, giving rights-of-way, and other related easements – between the plaintiff and the defendants who are neighbours – interlocutory orders made in August 2022 pending determination of final issues – the early determination of some issues to reduce the number of disputes between the parties considered – whether early determination of some of the issues is possible – of the issues isolated one is identified as capable of early determination, as to whether a CCTV camera is authorised by Easement I to be positioned on the plaintiff's land. 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