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