Clough v Breen & Anor (No. 3) [2023] NSWSC 752

Supreme Court New South Wales

Medium Neutral Citation: Clough v Breen & Anor (No. 3) [2023] NSWSC 752 Hearing dates: 4 May 2023 Date of orders: 4 May 2023 Decision date: 03 July 2023 Jurisdiction: Equity Before: Slattery J Decision: Payments authorised out of the sinking fund. 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 – Court resolves minor incidental dispute about invoices relating to the operation of a joint sinking fund that was ordered by the Court to be established by the parties – dispute is causing aggravation to the parties – the parties request reasons for orders. Cases Cited: Breen v Clough [2017] NSWSC 1681 Breen v Clough [2018] NSWCA 172 Clough v Breen [2020] NSWSC 653 Clough v Breen & Anor [2022] NSWSC 1759 Clough v Breen & Anor (No. 2) [2022] NSWSC 1026 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

Solicitors: Plaintiff/Cross-Defendant: Michael Sommerville, Redmond Hale Simpson Solicitors & Barristers Defendant/Cross-Claimants: Charlotte Morson, Morson Law Litigation Lawyers File Number(s): 2020/130704 Publication restriction: No