Private Nuisance: Remedies

Question 1

ABATEMENT

Answer 1

• Self-help must be used with caution to ensure plaintiff is not exposed to actions for trespass or other civil/ criminal actions when removing nuisance. Lemmon v Webb

Question 2

INJUNCTION

Answer 2

• Remedy is discretionary and many factors need to be weighed up before granting of injunction. Munro v Southern Dairies

Question 3

DAMAGES

Answer 3

Common law damages are available including those respecting damage to chattels. Moss v Christchurch Rural District Council
• Personal injuries are not covered by private nuisance. Hunter v Canary Warf
HOWEVER
• Personal injury as a reasonably foreseeable consequence of property damage is covered. Benning v Wong

Question 4

EXEMPLARY DAMAGES

Answer 4

• Exemplary damages are awarded where there is some conscious wrongdoing, or blatant disregard for the plaintiff’s rights. Uren v John Fairfax & Sons
• A court can not award exemplary, punitive or aggravated damages in relation to a claim for personal injury damages. s52(1) Civil Liability Act 2003 (Qld)
Subsection (1) does not apply to a claim for personal injury damages if the act that caused the personal injury was
• an unlawful intentional act done with intent to cause personal injury; s52(2)(a) CLA
• an unlawful sexual assault or other unlawful sexual misconduct. s52(2)(b) CLA

Question 5

COMPENSATORY DAMAGES

Answer 5

• Compensatory damages are awarded for actual damage, to put the party in the same position he or she would have been in had the tort not been committed. Butler v Egg and Egg Pulp Marketing Board