Breen v Clough [2024] NSWCA 316

Breen v Clough [2024] NSWCA 316

The service provided by the CCTV camera is a 'domestic service' within the meaning of the statutory easement for services, as it provides images to the benefited lot. There is no requirement that such service be from an external provider. The use by the appellants was within the terms of the easement and therefore not a trespass.

Parties
First Appellant: Douglas Martin Breen; Second Appellant: Tracey Jane Dillon; Respondent: Christine May Clough
Jurisdiction
Australia
Judgment Date
24 December 2024
Procedural Posture
Appeal / Court of Appeal Judgment After Leave to Appeal
Outcome
Appeal allowed
Legal Topics
Easements, Construction of Statutory Easements, Domestic Services, Rights of Benefited and Burdened Landowners
Real Property Easements Construction of Statutory Easements Domestic Services Rights of Benefited and Burdened Landowners

Case Brief

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Parties

Douglas Martin Breen

First Appellant

Tracey Jane Dillon

Second Appellant

Christine May Clough

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment After Leave to Appeal

Legal Issues

  1. 1 Whether installation and use of a CCTV camera by the holders of an easement for services is permitted under the statutory terms governing that easement
  2. 2 Proper construction of 'domestic services' and the scope of permitted activities within the easement

Ratio Decidendi

The service provided by the CCTV camera is a 'domestic service' within the meaning of the statutory easement for services, as it provides images to the benefited lot. There is no requirement that such service be from an external provider. The use by the appellants was within the terms of the easement and therefore not a trespass.

Court Disposition

Appeal allowed

Orders

  • Leave to appeal be granted.
  • Appeal allowed on Ground 1(a).