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

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

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.

Citation
[1973] JJ 2441
Parties
Plaintiff: du Feu; Defendant: Granite Products Ltd.
Jurisdiction
Jersey
Judgment Date
07 August 1973
Procedural Posture
Civil / Judgment
Outcome
injunction refused, damages awarded
Legal Topics
Nuisance, Interference With Comfort and Convenience, Injunction, Damages
Tort Nuisance Interference With Comfort and Convenience Injunction Damages

Case Brief

Summary, issues, holding and outcome

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Parties

du Feu

Plaintiff

Granite Products Ltd.

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether excessive dust from a quarry constitutes a nuisance
  2. 2 Whether proof of injury to health or property is required for nuisance
  3. 3 Whether an injunction or damages is the appropriate remedy

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

Orders

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