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Week 13LWB133
Public Nuisance
and an Overview
Private Nuisance
Indirect interferencesrecognised interest in landprotection of legally recognised rightdamage
physical damage to land substantial and unreasonable interference with
the use and enjoyment of land
Public vs Private
Public nuisance is a crime s230 Criminal Code
action in tort by an individual upon proof of particular damage
no interest in land requiredpossible to have actions in both private and
public nuisance Halsey v Esso Petroleum
Public Nuisance
Definition:an unlawful act or omission to discharge a legal
duty which act or omission endangers the lives, safety, health, property or comfort of the public or by which the public are obstructed in the exercise or enjoyment of any right common to all members of the public. Attorney-General v PYA Quarries [1957] 2 QB
169
Examples
oil overflowing from a service station onto a public footpath
oil spillage affecting a river or foreshore causing crowds or vehicles to block access to roads
or shops: Lyons, Sons & Co v Gulliver [1914] 1 Ch 361
the way a game is played, for example, golf – making the public right of access past the golf course dangerous: Castle v St Augustine’s Links Ltd (1922) 38 TLR 615
Standing to Sue
Action brought in the name of the Attorney-General
“[A] public nuisance is a nuisance which is so widespread in its range or so indiscriminate in its effect that it would not be reasonable to expect one person to take proceedings on his own to put a stop to it, but that it should be taken on the responsibility of the community at large.”
– Attorney-General v PYA Quarries [1957] 2 QB 169 at 191
An Individual’s Standing to Sue
Individual suffered particular damage over and above the rest of the public
the interference must be substantial and unreasonable
causation must be established
Particular Damage
Personal injuryproperty damagedepreciation in the value of propertypure economic lossdelay and inconvenience
Ball v Consolidated Rutile
Plaintiff must establish that:defendant responsible for the slippageslippage interfered with a public rightthe interference constituted a public
nuisanceplaintiffs suffered special damage
Defendant’s Liability
Damage must not be too remote Wagonmound No 2: test of foreseeability
Acts of third party if defendant knew or ought to have known about the
nuisance
Crowds act of defendant did not take reasonable means to avoid the nuisance if is part of business, defendant liable
• Silservice Pty Ltd v Supreme Bread Pty Ltd
Public Authorities
Liability only in cases of misfeasance NOT non-feasance
Unreasonable
Rule of “give and take” Bamford v Turnley
objective test weigh the utility of the defendant’s activities
against the inconvenience to others against whether the nuisance could have been avoided
Defences
Statutory Authority Allen v Gulf Oil
Contributory Negligence McMeekin v Maryborough Council
Act of Third Party Cartwright v McLean & Long Pty Ltd
Remedies
Injunction
Damages
Abatement
Answering a Question in Public Nuisance
Identify all possible nuisances.State the definition of public nuisance.Apply the definition to the facts.Consider who has standing to sue.Consider any possible defences.Advise on remedies.Public nuisance is a crime, s230 Criminal Code