Private Nuisance in Tort Law: Explained with Examples
Julie Schmidt Law Julie Schmidt Law
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 Published On Oct 25, 2022

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ELEMENTS:
1. State of affairs caused
2. Unreasonable interference use and enjoyment of Pā€™s land (i) if direct always unreasonable (ii) effects senses look at factors
3. From the Dā€™s land (negligence emanating)
4. And caused damage to Pā€™s land (airspace, substrata)

Defences?
Remedies for damage reasonably foreseeable

CASES CITED:

Matheson v Northcote College [1975] 2 NZLR 106

Sedleigh-Denfield v O'Callaghan [1940] AC 880

St Helens Smelting Co v Tipping [1865] 11 HLC 642

Bank of New Zealand v Greenwood [1984] 1 NZLR 525

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