Clough v Breen (No. 6) [2024] NSWSC 1634

Clough v Breen (No. 6) [2024] NSWSC 1634

Interlocutory regime of orders varied, including appointment of independent expert for maintenance, and medium-term notification requirements for access, to de-escalate ongoing neighbour conflict and preserve parties' rights. Costs order made for specified gross sum ($161,500) to avoid further dispute, applying fair and impressionistic discount in accordance with s 98(4)(c) and established authorities.

Parties
Plaintiff/cross Defendant: Christine May Clough; First Defendant/cross Claimant: Douglas Martin Breen; Second Defendant/cross Claimant: Tracey Jane Dillon
Jurisdiction
Australia
Judgment Date
18 December 2024
Procedural Posture
Equity Real Property / Final Judgment; Post Interlocutory Orders; Orders on Costs
Outcome
Interlocutory orders varied and made permanent; appointment of independent expert for inclinator maintenance; specified gross sum costs order ($161,500) in favour of plaintiff; medium-term restrictions on access with notice; further mention adjourned.
Legal Topics
Easements, Interlocutory Orders, Variation and Amendment of Orders, Specified Gross Sum Costs Orders, Neighbour Disputes, Property Access and Maintenance
Equity Real Property Costs Easements Interlocutory Orders Variation and Amendment of Orders Specified Gross Sum Costs Orders Neighbour Disputes +1 more

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Parties

Christine May Clough

Plaintiff/cross Defendant

Douglas Martin Breen

First Defendant/cross Claimant

Tracey Jane Dillon

Second Defendant/cross Claimant

Procedural Posture

Equity Real Property / Final Judgment; Post Interlocutory Orders; Orders on Costs

Legal Issues

  1. 1 Whether interlocutory regime of orders relating to use, maintenance, and access of easement should be made permanent and varied; Whether a specified gross sum costs order should be made in lieu of costs assessment and quantum of such order

Ratio Decidendi

Interlocutory regime of orders varied, including appointment of independent expert for maintenance, and medium-term notification requirements for access, to de-escalate ongoing neighbour conflict and preserve parties' rights. Costs order made for specified gross sum ($161,500) to avoid further dispute, applying fair and impressionistic discount in accordance with s 98(4)(c) and established authorities.

Court Disposition

Interlocutory orders varied and made permanent; appointment of independent expert for inclinator maintenance; specified gross sum costs order ($161,500) in favour of plaintiff; medium-term restrictions on access with notice; further mention adjourned.

Orders

  • Defendants to disable audio features of CCTV camera near Landing 6 and provide affidavit evidence by 14 February 2025.
  • Permanent regime for interlocutory orders, with variations and substitutions as described, to commence 14 February 2025.