Breen v Clough

Breen v Clough concerned an appeal to the New South Wales Court of Appeal regarding the interpretation of a statutory easement for services. The dispute arose when the applicant, Breen, installed a CCTV camera to monitor a passageway outside their storage area. The cables for this camera traversed the respondent's, Clough's, benefited lot. Clough sought a declaration that Breen's installation of the CCTV camera was not authorised by the terms of the easement.

The primary legal issue before the Court of Appeal was whether, on the proper construction of the statutory terms of the easement, the CCTV camera constituted a "domestic service" "to or from" the benefited lot. A further question arose as to whether it was necessary for such a service to be provided by a third-party provider.

The Court of Appeal allowed the appeal, finding that the CCTV camera was indeed a domestic service to or from the benefited lot. The Court reasoned that the term "domestic service" should be interpreted broadly to encompass services that facilitate the ordinary use and enjoyment of the benefited property. It was not necessary for the service to be provided by a third party; a service provided by the owner of the benefited lot for their own use was sufficient. Consequently, the Court set aside the orders made at first instance and declared that the defendants were authorised by the easement to place, maintain, and use the CCTV camera. The Court also made orders regarding the costs of the appeal and the proceedings at first instance.