Munro v Southern Dairies: 18 Apr 1955

(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 . . )’


Sholl J


[1955] VLR 332, [1955] ALR 793, [1955] VicLawRp 60



Cited by:

CitedCoventry and Others v Lawrence and Another SC 26-Feb-2014
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 . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Nuisance

Updated: 18 May 2022; Ref: scu.536799