Breen v Clough [2017] NSWSC 1681

Breen v Clough [2017] NSWSC 1681

The defendant substantially interfered with the plaintiffs' rights under the inclinator and storage easements by failing to comply with WorkCover requirements for the storeroom landing, by erecting a fence that deprived plaintiffs of access, by locating lift controls unreasonably, and by failing to provide plaintiffs with keys needed for reasonable use; mandatory injunctions were ordered to remedy these interferences, and damages awarded.

Jurisdiction
Australia
Judgment Date
05 December 2017
Procedural Posture
Principal Judgment / Final Judgment
Outcome
Judgment for plaintiffs against defendant with partial relief granted
Legal Topics
['easements' 'substantial Interference' 'construction of Easements' 'remedies for Interference' 'equitable Remedies' 'injunctions' 'damages']
['land Law' 'equity'] ['easements' 'substantial Interference' 'construction of Easements' 'remedies for Interference' 'equitable Remedies' 'injunctions' 'damages']

Case Brief

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Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

  1. 1 ["Whether defendant's conduct in response to regulator's notices constituted substantial interference with plaintiffs' rights under easement" "Whether defendant's construction of gates and fences interfered with plaintiffs' rights under easements" 'Obligations under inclinator easement and compliance with statutory requirements']

Ratio Decidendi

The defendant substantially interfered with the plaintiffs' rights under the inclinator and storage easements by failing to comply with WorkCover requirements for the storeroom landing, by erecting a fence that deprived plaintiffs of access, by locating lift controls unreasonably, and by failing to provide plaintiffs with keys needed for reasonable use; mandatory injunctions were ordered to remedy these interferences, and damages awarded.

Court Disposition

Judgment for plaintiffs against defendant with partial relief granted

Orders

  • ['Defendant to remove fence and install lockable gate at storeroom landing within 60 days at her expense' 'Defendant to provide plaintiffs key to lockable gate upon completion' 'Defendant to install lift controls outside runway enclosure at landings 2, 3, and 4 within 60 days at her expense' "Defendant to notify...