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Private Nuisance Notes

Law Notes > Intentional Torts Notes

This is an extract of our Private Nuisance document, which we sell as part of our Intentional Torts Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Intentional Torts Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:














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

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