Jersey Judgment

du Feu v Granite Products Ltd. [1973] JJ 2441 (07 August 1973)

Tort Nuisance Interference With Comfort and Convenience Injunction Damages

Citation: [1973] JJ 2441
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

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Professional case brief

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Source document

Holding and result

Excessive dust from the defendant's quarry constituted a substantial interference with the plaintiff's comfort and convenience, amounting to a nuisance, but an injunction was refused in favour of damages due to credible assurance of future control.

Court disposition

injunction refused, damages awarded

Orders

Damages awarded to plaintiff
Injunction refused due to credible assurance of future control of nuisance

Material facts

Parties

du Feu

Plaintiff

Granite Products Ltd.

Defendant

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

01
Whether excessive dust from a quarry constitutes a nuisance
02
Whether proof of injury to health or property is required for nuisance
03
Whether an injunction or damages is the appropriate remedy

Party arguments

Applicant: The plaintiff argued that excessive dust from the defendant's quarry interfered with their comfort and convenience, amounting to a nuisance.
Respondent: The defendant contended that the interference was not substantial or permanent and that measures would be taken to control the nuisance in the future.

Court’s reasoning

Legal principles

01
du Feu v Granite Products Ltd. [1973] JJ 2441

No proof of injury to health or damage to property is needed for nuisance; the interference must be substantial and not temporary, judged by the standards of an ordinary person in the neighbourhood.
02
du Feu v Granite Products Ltd. [1973] JJ 2441

Excessive dust from a quarry can amount to a nuisance.
03
du Feu v Granite Products Ltd. [1973] JJ 2441

An injunction may be refused and damages awarded if there is credible assurance that the nuisance will be controlled in the future.

Ratio, limits and disposition

Ratio decidendi

Excessive dust from the defendant's quarry constituted a substantial interference with the plaintiff's comfort and convenience, amounting to a nuisance, but an injunction was refused in favour of damages due to credible assurance of future control.

Court disposition

injunction refused, damages awarded

Damages awarded to plaintiff
Injunction refused due to credible assurance of future control of nuisance

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1973] JJ 2441

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BAILII >> Databases >> Jersey Law Reports >> du Feu v Granite Products Ltd. [1973] JJ 2441 (07 August 1973) URL: https://www.bailii.org/je/cases/JLR/1973/JLR732441.html Cite as: [1973] JJ 2441 [ New search ] [ Help ] du Feu v Granite Products Ltd. 1973 J. J. 2441 (07 August 1973) Tort-nuisance-interference with comfort and convenience-no proof needed of injury to health or damage to property-must be substantial and not temporary interference with living standards of ordinary man in that neighbourhood-excessive dust from quarry capable of amounting to nuisance-injunction may be refused and damages awarded if credible assurance that nuisance to be controlled in future The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1973 J. J. 2441 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1973/JLR732441.html

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