Co-operative Estates Limited v Wilkinson [1919] HCA 39

Co-operative Estates Limited v Wilkinson [1919] HCA 39

The plaintiff had not acquiesced in the nuisance so as to disentitle him to an injunction; the quarry as worked constituted a nuisance and negligence was found. Injunction and damages awarded are proper remedies.

Parties
Appellant: Co-operative Estates Limited; Respondent: Wilkinson
Jurisdiction
Australia
Judgment Date
05 August 1919
Procedural Posture
Civil / Appeal From Supreme Court of Tasmania
Outcome
Appeal dismissed with costs.
Legal Topics
Nuisance, Injunction, Damages, Negligence, Acquiescence
Tort Nuisance Injunction Damages Negligence Acquiescence

Case Brief

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Parties

Co-operative Estates Limited

Appellant

Wilkinson

Respondent

Procedural Posture

Civil / Appeal From Supreme Court of Tasmania

Legal Issues

  1. 1 Whether the plaintiff acquiesced in the nuisance so as to disentitle him to an injunction.
  2. 2 Whether an injunction or damages is the appropriate remedy for the nuisance caused by the quarry.
  3. 3 Whether the defendant was negligent in quarry operations causing injury to the plaintiff.

Ratio Decidendi

The plaintiff had not acquiesced in the nuisance so as to disentitle him to an injunction; the quarry as worked constituted a nuisance and negligence was found. Injunction and damages awarded are proper remedies.

Court Disposition

Appeal dismissed with costs.

Orders

  • Judgment for plaintiff for £500 damages.
  • Injunction restraining defendant from using or permitting to be used the quarry in such a manner as, by production of noise, vibration, dust or otherwise, to occasion nuisance or injury to plaintiff as owner of house and premises.