Torts LAW1113 Monash University S2 2017
Torts 1113 Exam Notes Sample
Private nuisance
An unreasonable interference with the P’s use and enjoyment of the land
Standing to sue
In order to sue, the P must be in exclusive possession of land
PI with exclusive right to possession of land
-owner
-tenant (in possession)
-reversioner (if the nuisance would affect the reversioner’s interest)
-mere licesnsee is not enough (Hunter v Canary Wharf; Oldham v
Lawson)You need to show you have a legal interest, an exclusive right to
the possession of land
Who can be sued
A person is held liable if he bears some degree of personal responsibility
1. The creator, or person who authorised the creation of the
nuisance (Fennell v Robson Excavations Pty Ltd)
2. Occupier of the land who adopts a nuisance (Senleigh- Denfield v
O’Callaghan)
Court found they adopted the drainage system of the land for
their benefit and that caused a nuisance.
Adopting = actively using it
3. Continuing a nuisance
Can be passive when continuing a nuisance
if occupier knew of it or ought to have known, or they failed to
take reasonable steps to end it
(Hargrave v Goldman)
Unreasonable
interference with the
land
• Material injury to property- physical interference test which says
“if it’s not trivial, it is unreasonable” (St Helen’s Smelting Co.)
• Damage to sensibilities-
test: “Inconvenience materially interfering with the ordinary
comfort physically of human existence, not merely according to
dainty modes and habits of living, but according to plain and sober
and simple notions among the English people (Walter v Selfe)
a. extent (duration/time/frequency) (Clarey; Seidler v Luna Park)
b. locality (Munro v Southern Dairies)
c. Sensitivity of the plaintiff (robinson v Kilvert)
d. Improper motive (Hollywood Silver Fox Farm)
e. Live and let live/ ordinary noises not bad
(Clarey)
Freedom from view
Courts do not protect uninterrupted views (Hunter v Canary)
Being observed in the use of one’s premises is not a nuisance (Victoria
Park Racing v Taylor)
Defences
• Statutory Authority (Laster-Traversz)
