#6559 - Private Nuisance - Intentional Torts

NUISANCE INTENTIONAL TORTS | 77 NUISANCE Interference with the enjoyment of land, both private and public. Private Nuisance Public Nuisance Concerns a nuisance to the private Concerns a nuisance to those interests rights of individuals, (the use and that are shared by the public. enjoyment of land). Kent v Johnson (1972): Hargrave v Goldman (1963): "unlawful act or omission which "an unlawful interference with a endangers the lives, safety, health, persons use or enjoyment of land, or property or comfort of the public or by some right over, or in connection with which the public are obstructed in the it" exercise or enjoyment of any right -- Windeyer J common to all." * Public nuisance o Must be on property that the public has the right to enjoy SS? Actions brought by the Attorney General, not usually by an individual o Use and enjoyment of the land must be inhibited, not necessarily a direct interference with the land itself 78 | INTENTIONAL TORTS NUISANCE: PRIVATE NUISANCE INTENTIONAL TORTS | 79 PRIVATE NUISANCE Private nuisance is the unreasonable and substantial interference with the use and enjoyment of land - Hargrave v Goldman * Grew as a means of regulating the mutual obligations of neighboring landowners * The essence of private nuisance is something that causes an unreasonable inconvenience to ones use and enjoyment of land o Examples: SS? Barking dogs SS? Overhanging trees and branches SS? Loud music SS? Bad smells SS? Bright lights SS? Glare SS? The existence of a brothel in close proximity to domestic houses * Must be unreasonable and substantial nuisance o Just because you move to an area does not bar someone from bringing an action Considerations/Elements: 1. Does the plaintiff have title to sue? Who can be sued? 2. Is the interference unreasonable? 3. Defences 4. Remedies Does the plaintiff have title to sue? * The plaintiff must have an interest in or appropriate rights over the land o Exclusive possession * Generally, this is dependent on actual possession of the land o Sutherland Shire Council SS? Eg: freeholder, tenant, licensee with exclusive possession * Animal Liberation (Vic) v Gosser * Deasy Investments * Someone who is 'visiting' and not on the lease has no standing 80 | INTENTIONAL TORTS