Laskey and Another v Showzone CC and Others (5988/06)
Laskey and Another v Showzone CC and Others (5988/06) [2006] ZAWCHC 50; [2007] 4 All SA 1162 (C); 2007 (2) SA 48 (C) (30 October 2006)
The court found that the applicants had established an actionable private nuisance due to amplified noise from the respondent's theatre-restaurant, which materially affected their comfort and enjoyment of their apartments. Mere breach of the Noise Control Regulations does not automatically entitle private parties to interdictory relief; actual harm must be shown. The evidence, including expert acoustic reports, demonstrated that the noise levels were significant, regular, and unreasonable in the urban residential context, and that effective remedial measures were available. The respondent's a…
Source excerpt
- Noise Nuisance
- Private Nuisance
- Interdictory Relief
- Environment Conservation Act
- Urban Residential Rights
- Acoustic Insulation