Breen v Clough

[2018] NSWCA 172

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Competency of appeal
3. › Appeal as of right
4. › Restriction by reference to specified amount or value
5. › Whether realistic prospect of obtaining judgment for at least $100,000
6. › Supreme Court Act 1970 (NSW), s 101(2)(r)
7. › Uniform Civil Procedure Rules 2005 (NSW), r 51.22
1. Appeal
2. › Leave to appeal
3. › Principles governing grant of leave
4. › Whether decision attended with sufficient doubt
5. › Whether issue of principle
6. › Whether injustice in refusing leave
7. › Supreme Court Act 1970 (NSW), s 101(2)(r)
1. Appeal
2. › Cross-appeal
3. › Leave to cross-appeal
4. › Value of right or property in issue
5. › Whether value of servient tenement or value of right in issue is the relevant measure
6. › Supreme Court Act 1970 (NSW), s 101(2)(r)(ii)
1. Easements
2. › Inclinator easement
3. › Rights of dominant tenement owner
4. › Duty to cooperate in compliance with statutory notices
5. › Whether interference with easement rights constituted nuisance
6. › Conveyancing Act 1919 (NSW), s 88B

Quick Take

For appeals from easement disputes under s 101(2)(r)(ii) of the Supreme Court Act 1970 (NSW), the relevant measure is the value of the right or property in issue on the appeal, not the value of the servient tenement over which the easement exists.