Private Nuisance in Tort Law: Explained with Examples

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ELEMENTS:
1. State of affairs caused
2. Unreasonable interference use and enjoyment of P’s land (i) if direct always unreasonable (ii) effects senses look at factors
3. From the D’s land (negligence emanating)
4. And caused damage to P’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