2013长宁区公立幼稚园.pptVIP

TORTS LECTURE 11;WHAT IS NUISANCE?;Our mission for tonight;THE TWO ‘SIDES’ OF NUISANCE;Private Nuisance- The Roadmap;Nuisance in context;1(a) Interference with land;1. Establishment- interference;P Baer Investments Pty Ltd v University of New South Wales [2007] NSWLEC 128; ;ONeill v Frost [2007] NSWLEC 400; BC200705292;Vella v Owners of Strata Plan 8670 [2007] NSWLEC 365; BC200704853;Hunt v Bedford — [2007] NSWLEC 130; BC200701745 ;1(b) The Balancing of Interests;“A dweller in towns cannot expect to have as pure air, as free from smoke, smell, and noise as if he lived in the country, and distant from other dwellings, and yet an excess of smoke, smell, and noise may give a cause of action, but in each of such cases it becomes a question of degree, and the question is in each case whether it amounts to a nuisance which will give a right of action.” - Lord Halsbury in Colls v Home Colonial Stores [1904] - Munro v Southern Dairies [1955], Hasley v Esso Petroleum [1961];Gray v State of New South Wales Matter No 2391/96 (31 July 1997);A useful test is perhaps what is reasonable according to the ordinary usages of mankind living in society, or more correctly in a particular society. (per Lord Wright in Sedleigh-Denfield v. OCallaghan (1940) AC, at p 903 );1(b) How do we balance?;Seidler v Luna Park Reserve Trust (1995) NSW Unreported;LUNA PARK CASES;Street 7 ors v Luna Park Sydney Pty Ltd 1 or [2006] NSWSC 230 (6 April 2006) ; THE NATURE OF D’S CONDUCT;2. WHO CAN SUE?;Doesn’t include P’s view of property;Who Can Sue? The Cases;“If a P, such as the daughter in Khorsandjian, is harassed by abusive telephone calls, the gravamen of the complaint lies in the harassment which is just as much an abuse, or indeed an invasion of her privacy, whether she is pestered in this way in her mother’s house, or even in her car with a mobile phone. In truth, what the CA appears to have been doing was to exploit the law of private nuisance in order to create by the back do