References: [1955] VLR 332, [1955] ALR 793, [1955] VicLawRp 60
Links: Austlii
Coram: Sholl J
Ratio: (Victoria) Nuisance – Horses kept on dairy premises without proper stabling – Interference with use and enjoyment of neighbouring premises – Loss of sleep by neighbouring occupier as a result thereof – Whether reasonable’ use of the premises or public benefit are defences – Whether a trade essential to the locality can be complained of – Extent to which evidence of economic necessity for delivery of milk by horse – drawn vehicles is relevant – Jurisdiction to refuse injunction – on undertaking by defendant to erect proper stables.
Sholl J said: ‘If a man chooses to make his home in the heart of a coalfield or in a manufacturing district, he can expect no more freedom from the discomfort usually associated with such a place than any other resident can.’ but granted an injunction: ‘To restrain the defendant, by its directors, servants and agents, from causing or permitting on the premises at Grenville Street and Whylis Street, Hampton, on which it now conducts its business, any nuisance (whether by way of smell, noise or flies . . )’
This case is cited by:
- Cited – Coventry and Others v Lawrence and Another SC (Bailii, [2014] UKSC 13, [2014] 2 P &CR 2, [2014] 2 All ER 622, [2014] BLR 271, [2014] HLR 21, [2014] Env LR 25, [2014] 1 AC 822, 152 Con LR 1, [2014] 2 WLR 433, [2014] PTSR 384, Bailii Summary, UKSC 2012/0076, SC Summary, SC)
C operated a motor racing circuit as tenant. The neighbour L objected that the noise emitted by the operations were a nuisance. C replied that the fact of his having planning consent meant that it was not a nuisance.
Held: The neighbour’s . .
(This list may be incomplete)
Last Update: 28-Jul-16
Ref: 536799
