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NUISANCE (Remedies (a. Injunction, b. Monetary compensation, c. …
NUISANCE
PUBLIC NUISANCE
1. Definition
a. In the case of Attorney-General v PVA Quarries Ltd, per Romer LJ stated that public nuisance arises when an act materially affect the reasonable comfort and convenience of life of a class of society.
b. Other public interest protected also includes comfort, safety and health
c. CASE: Majlis Perbandaran Pulau Pinang v Boey Siew Than & Ors. In this case, public nuisance was defined as if it is within the sphere, which is the neighbourhood; it materially affects the reasonable comfort and convenience of a class of the subjects of the state.
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PRIVATE NUISANCE
1. Definition
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b. To establish nuisance to private property, continuous action/interference must happen
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2. Elements
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b. Unreasonableness
i. Unreasonableness is relevant but not a conclusive factor of whether the interference is unreasonableness or otherwise
ii. Generally, for an action of private nuisance to lie in respect of interference with the plaintiff’s enjoyment of his land, it has to rise from the defendant’s land which are as follows:
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