Torts

Question 1

INTERFERNCE

Answer 1

What is the alleged interference? State as a Question… will interference satisfy an action in tort.

Question 2

PARTIES

Answer 2

Names of the parties involved.

Question 3

TIME LIMITATIONS: TRESPASS

Answer 3

Action must be brought within six years s10(1)(a) Limitation of Actions Act 1974 (Qld)

Question 4

JURISDICTION

Answer 4

QLD

Question 5

ONUS OF PROOF: TRESPASS

Answer 5

Non-highway: Plaintiff to prove on balance of probabilities, direct interference took place, Defendant to disprove fault. McHale v Watson
Highway: Plaintiff throughout. Lord v Nominal Defendant

Question 6

ONUS: NEGLIGENCE

Answer 6

On plaintiff throughout Donoghue v Stevenson
Specifically on plaintiff for damages s12 Civil Liability Act 2003 (Qld)
Moves to defendant for defences

Question 7

TIME LIMITATIONS: NEGLIGENCE

Answer 7

Pure Psychiatric Loss:
• 3 years from time in which date of cause of action arose s11(1) Limitation of Actions Act 1974 (Qld)
Pure Economic Loss:
• 6 years from time in which date of cause of action arose s10(1)(a) Limitation of Actions Act 1974 (Qld)
Novel:
• 6 years from time in which date of cause of action arose for property damage s10(1)(a) Limitation of Actions Act 1974 (Qld)
• 3 years if duty concerns personal injury s11(1) LOAA

Question 8

TIME LIMITATIONS: PRIVATE NUISANCE

Answer 8

• Three years if damage relates to personal injures s11 Limitation of Actions Act 1974 (Qld)
• Six years if damage relates to personal property. s10(a) Limitation of Actions Act 1974 (Qld) → is it s10(1)(a)??
• If nuisance is continuing, plaintiff can commence action at any time during the continuance and recover for all damage up to that time. Earl of Harrington v Derby Corporation

Question 9

ONUS: PRIVATE NUISANCE

Answer 9

Plaintiff to prove they have title and interference, defendant to demonstrate reasonableness and any defences. Kraemers v Attorney General