Paxhaven Holdings Ltd v Attorney-General: 1974

(New Zealand) The court considered what interest in land was required to found an action in private nuisance: ‘In my opinion, however, the matter is clear in principle. In an action for nuisance the defence of jus tertii is excluded, and it is no answer for the respondent to contend in the present case that the nuisance was committed on an area of land mistakenly included in the grant of lease to the appellant from its landlord. De facto possession is sufficient to give the appellant his remedy’


Mahon J


[1974] 2 NZLR 185


AppliedFoster v Warblington Urban District Council CA 1906
A nuisance was caused by the discharge of sewage by the defendant council into oyster beds. The plaintiff was an oyster merchant who had for many years been in occupation of the oyster beds which had been artificially constructed on the foreshore, . .

Cited by:

CitedHunter and Others v Canary Wharf Ltd HL 25-Apr-1997
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Nuisance

Updated: 13 May 2022; Ref: scu.195591