Saturday, 02 Nov 2024

NSW judge says dispute between neighbours over leaf blowers and 17 CCTV cameras ‘out of all proportion’

NSW judge says dispute between neighbours over leaf blowers and 17 CCTV cameras ‘out of all proportion’


NSW judge says dispute between neighbours over leaf blowers and 17 CCTV cameras ‘out of all proportion’
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A dispute between neighbours involving the use of leaf blowers, 17 CCTV cameras and an easement quickly grew "out of all proportion" and has ended up in a New South Wales court.

"For most people, to live in a well-appointed home on a large block amid the semi-tropical vegetation of the Central Coast hinterland would be a formula for a tranquil and idyllic lifestyle," NSW supreme court justice Francois Kunc said on Tuesday.

Unfortunately, the judge said, that had not been the case for Dr Gregory Ming Hoi Au and his wife and their neighbours David Jonathon Berlach and Emily Margaret Berlach.

Kunc dismissed a supreme court summons brought by Au and ruled in favour of parts of a counter-claim brought by the Berlachs. Their property is at the rear of the Au property at Matcham.

It would be "completely landlocked" but for a right of way - the easement - over part of the Au property which gives the Berlach property vehicular and pedestrian access to the road.

"The origin of the present dispute is Dr Au's extraordinarily restrictive view of the rights conferred on the Berlachs by the easement," the judge said.

Au had sought declarations including that the Berlachs have no right to enter the easement to perform routine maintenance on the driveway.

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