Private Nuisance: Defences

Question 1

STATUTORY AUTHORITY

Answer 1

If statute authorises activities which constitute nuisance, there will be a defence to private nuisance Kempsey Shire Council v Lawrence
Nuisance was inevitable consequence of performance of statutory duty York v Commissioner for Main Roads
1. Must identify what conduct the defendant in the absence of the statute would be liable for
2. Whether the conduct falls within the boundaries of the statute. Kempsey Shire Council v Lawrence

Question 2

CONTRIBUTORY NEGLIGENCE

Answer 2

• If plaintiff brings on or contributes to the nuisance it may bar a claim. Lawrence v Obee

Question 3

ABNORMAL SENSITIVITY

Answer 3

• If the plaintiff’s abnormal sensitivity is the real cause of the loss of enjoyment, it may bar a claim. Hollywood Silver Fox Farm v Emmett

Question 4

CONSENT

Answer 4

• An occupier of a different part of building may impliedly consent to nuisance which arise from provision of common services and involve no negligence. Kiddle v City Business Properties

Question 5

NESSECITY

Answer 5

Threat of imminent harm
Reasonable apparent necessity to act
Defendant not at fault