Faesenkloet v Jenkin

Question 1

Facts

Answer 1

Neighbours were arguing as there was a driveway, Jenkins put a camera on his garage roof to capture the goings of his driveway.
F is applying for an interim injunction.

Question 2

Issue

Answer 2

Whether the camera on the driveway is intruding into F’s seclusion

Question 3

Decision

Answer 3

No it wasn’t

Question 4

Reasoning

Answer 4

Driveways – particularly those by the road end – are not traditionally private
This contrasts with a Paddio or backyard.
So therefore, there is no reasonable expectation of privacy
Given the location of the camera, and what it captures, and use of driveway, - not offensive

Question 5

Ratio