Nuisance case studies

Question 1

Constituted a nuisance case even though it had been a thing for years without complaint

Answer 1

Seidler v Luna Park • noise of roller coaster on weekday nights restricted even though it had been orating for numerous years - unreasonable interference with p’s right to enjoy their home

Question 2

Knowing of before doesn’t matter :)

Answer 2

Problem golf courses - nuisance booklet

Question 3

Failed public nuisance case as they didn’t prove that they were uniquely affected

Answer 3

Ball v Consolidated Rutile Ltd - commercial fishing operators v mining company, public waterway

Question 4

Nuisance doesn’t have to be continuous to be substantial

Answer 4

Vincent v Peacock - whistling, swearing and shouting whilst drunk one night