nuisance

Question 1

nuisance

Answer 1

ensures individuals can enjoy public and private property without interference or annoyance

Question 2

3 elements of nuisance

Answer 2

1. property right in/over the land
2. interference with p use and enjoyment of land
3. suffer damage, loss or injury

Question 3

property right

Answer 3

• owner of the property
• tenant (renter) of the property
• individual accessing public property

Question 4

interference

Answer 4

p must establish that the d substantially and unreasonably interfered with their use and enjoyment of the land

Question 5

substantial and unreasonable considerations

Answer 5

• nature of interference
• time of day interference occurs
• nature of neighbourhood
• whether interference is necessary for the community
• whether interference is ongoing or intermittent
• how long the interference has existed

Question 6

material damage

Answer 6

physical property damage

Question 7

non-material damage

Answer 7

injury to plaintiff’s sensibilities, sleep or financial loss

Question 8

public nuisance

Answer 8

to sue for a public nuisance, the p must show that they have suffered special damage that extends beyond what has been experienced by other members of the public

Question 9

nuisance defences

Answer 9

1. lack of elements
2. statutory authorisation
3. consent

Question 10

statutory authorisation

Answer 10

• legislation passed by Vict/Commonwealth Parl
• mandatory duty to undertake an action and that the nuisance is an inevitable consequence of performing that duty