Case Study on Tort Law 2022

Tort law

Table of Contents
Identification of the Parties..........................................................................................................3
Identification of particulars: alleged wrongdoings and injuries suffered....................................3
Identification of Cause of Action................................................................................................3
Identification of elements of Cause of Action.............................................................................3
Identification of the Law regulating the elements of Cause of Action........................................4
Application of the Law to the given case scenario......................................................................8
Conclusion.................................................................................................................................10
Bibliography..............................................................................................................................11

Identification of the Parties
In the present case
Pete – Plaintiff
Abe Development Pty Ltd (ADPL) – Defendant
Identification of particulars: alleged wrongdoings and injuries suffered
Injury of the Pete –
 Property damage – damages to the furniture
 Amenities damages – incapable of using and enjoying apartment
Wrongdoing by Abe Development Pty Ltd –
 The place of kitchen exhaust of Waffle assists in direct and significant damages to
furniture of Pete.
 Loud music was played by Abe Development Pty ltd during ceremonies, and it was
conducted from midday to midnight. Especially on weekends, when Pete wants to relax,
but due to loud music, he cannot enjoy his apartment.
Identification of Cause of Action
The main aspect that enables Pete to bring action against ADPL is Private Nuisance. It refers to
an illegal interference by neighbor with use or enjoyments of property.
Identification of elements of Cause of Action
 Title to Sue
 Unreasonable interference with lawfully recognized right attached to the property

 There should be a presence of damages, and it may be substantial damages or
unreasonable interference with enjoy or use of land.
Identification of the Law regulating the elements of Cause of Action
According to the common law of Australia, a person has fundamental property right. Normally,
the owner of the land has right to enjoy their property. If a person unreasonably interferes with
the right to enjoy, consisting by creating smells, pollution, sounds, or any other type of damages
that extends past the boundaries of property, then such interference refers as nuisance1. There are
two types of nuisance, such as public nuisance and private nuisance. Public nuisance refers as
unreasonable interfere with rights of public property. It consists of carrying out activities that
disrupt health of public, security, peace, or accessibility2 On the other hand, private nuisance is
referred to as illegal interference with the use or rights of property of a person, by which such
person cannot enjoy their land ( Hargrave v Goldman)3. A private nuisance consists of noise,
smoke, vibration, dust, and fragrance, any activity that results in reasonable fear for safety of
occupier, disruption in water supply, interference with wall or land, and many others4. However,
for claiming any legal action against nuisance, it is required that interference must be significant
1 Hamed R. Moftakhari,, et al. ‘Cumulative hazard: The case of nuisance flooding (2015).’ 5.2
Earth's Future 214-223.
2 Isaiah Andrews, and Mikusheva Anna. ‘Conditional inference with a functional nuisance
parameter.’(2016) 84.4 Econometrica 1571-1612.
3 Hargrave v Goldman (1936) 110 CLR 40, 49
4 Thomas T Liu., Nalci Alican, and Falahpour Maryam. ‘The global signal in fMRI: Nuisance or
Information?.’ (2017) 150 Neuroimage 213-229.