Boyes v Thomson [2024] NSWSC 1325

Boyes v Thomson [2024] NSWSC 1325

The plaintiffs failed to prove on the balance of probabilities that the defendant adopted a nuisance or is liable for damages or should be compelled to carry out works. The defendant took reasonable steps to address water runoff, and there is insufficient evidence of ongoing material and unreasonable interference. No recoverable loss was established.

Parties
First Plaintiff: Frank Ralph Boyes; Second Plaintiff: Sheena Elizabeth Boyes; Defendant: Shane David Thomson
Jurisdiction
Australia
Judgment Date
24 October 2024
Procedural Posture
Equity Real Property List / Principal Judgment
Outcome
Statement of claim dismissed; costs awarded to defendant.
Legal Topics
Private Nuisance, Stormwater Drainage, Remedies, Injunction
Torts Real Property Private Nuisance Stormwater Drainage Remedies Injunction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Frank Ralph Boyes

First Plaintiff

Sheena Elizabeth Boyes

Second Plaintiff

Shane David Thomson

Defendant

Procedural Posture

Equity Real Property List / Principal Judgment

Legal Issues

  1. 1 Whether stormwater ingress from uphill neighbouring property constitutes a private nuisance
  2. 2 Whether defendant has continued or adopted the nuisance
  3. 3 Whether loss suffered and damages recoverable

Ratio Decidendi

The plaintiffs failed to prove on the balance of probabilities that the defendant adopted a nuisance or is liable for damages or should be compelled to carry out works. The defendant took reasonable steps to address water runoff, and there is insufficient evidence of ongoing material and unreasonable interference. No recoverable loss was established.

Court Disposition

Statement of claim dismissed; costs awarded to defendant.

Orders

  • Further Amended Statement of Claim is dismissed.
  • Plaintiffs to pay the defendant's costs as agreed or assessed.