Torts A

Question 1

In a case of nuisance, an injunction restraining the nuisance can be disasterous for the construction contract.

Answer 1

Codelfa Construction Pty Ltd v State Rail Authority (NSW) [1982] HCA

Residents sought injunction restraining shifts - 52% - frustration.

Question 2

Which case created the (now defunct) rule that a person who brings a mischievous thing (including water etc) onto his land is prima facie liable if it escapes?

Answer 2

Rylands v Fletcher [1868] UKHL

Resivoir constructed over old mine shafts - blockade burst - flooded neighbours mine.

Question 3

Which High Court case expunged Rylands v Flecther from the Australian common law and incorporated it into the ordinary principles of negligence?

Answer 3

Burnie Port Authority v General Jones Pty Ltd (1994) HCA

Negligent welding - fire - spread to nearby property.

Question 4

The rights of an owner of land in the air space above the land is limited to that necessary for the ordinary use and enjoyment of the land and the structures on it.

Answer 4

Lord Bernstein v Skyviews [1977] QB
Plane - aerial photograph - no tresspass.

Question 5

Overhanging scaffolding can constitute a trespass.

Answer 5

LJP Investments P/L v Howard Chia Investments P/L [1990] NSWSC

Scaffolding encroaching - licence of $30,000 ignored - injunction.

Question 6

A wilful act calculated to cause physical harm to a plaintiff is an action on the case.

Answer 6

Wilkinson v Downton [1897] EWCA

Practical joke - husband injured at races - wife suffered nervous shock.