Chapter 2 - Cause of Action: Nuisance

Question 1

NUISANCE

Overview

Answer 1

1) General principles
2) Public & private nuisance
3) Ingredients of private nuisance
4) Remedies

Question 2

GENERAL PRINCIPLES

General principles on nuisance

Answer 2

MBF Properties Services Sdn Bhd (No. 2) v Madihill Development Sdn Bhd:

• undue interference with the use & enjoyment of land.
• balance has to be struck out between both parties’ right to use the land.
• test: reasonable according to the ordinary usage of mankind living in a particular society.

Question 3

PUBLIC & PRIVATE NUISANCE

Difference between the two

Answer 3

MPPP v Boey Siw Than:

• Public: affects a class of the subjects of the state;
• Private: affects private individuals.

Question 4

PRIVATE NUISANCE

Ingredients of private nuisance - IUD

Answer 4

Au Kean Hoe v Persatuan Penduduk D’Villa Equestrian:

• Interference: interference with the enjoyment of his property;
• Unreasonable: the interference is unreasonable;
• Damages: the unreasonable interference has caused damages.

Question 5

REMEDIES

Remedies for nuisance

Answer 5

• Injunction