Co-operative Estates Limited v Wilkinson

The High Court of Australia heard an appeal from the Supreme Court of Tasmania concerning a dispute between Co-operative Estates Limited (the appellant and defendant) and Thomas Washington Wilkinson (the respondent and plaintiff). The plaintiff, who had purchased land from the defendant and built a house on it, claimed that the defendant's operation of a quarry on adjoining land caused a nuisance. The nuisance alleged included stones and dirt being thrown onto the plaintiff's property, air pollution from dust, smoke, and gases, and excessive vibration and noise, as well as negligence in the quarry's operation. The plaintiff sought damages and an injunction.

The legal issues before the High Court were whether the plaintiff had acquiesced in the nuisance to the extent that he was disentitled to an injunction, and whether an injunction was the appropriate remedy given the circumstances, including the potential hardship to the defendant and the extent of the injury suffered by the plaintiff. The defendant argued that any injury could be compensated by damages and that the case should be remitted for assessment of damages, contending that the plaintiff's actions constituted sufficient acquiescence.

The High Court affirmed the decision of the Supreme Court of Tasmania, finding no reason to disturb the judgment of Crisp J. Crisp J. had found that while the plaintiff was aware of the quarry's existence when purchasing the land, he had been assured it would be worked minimally. He also found that the plaintiff had complained about the nuisance from June 1918 onwards and had not acquiesced in it. Furthermore, Crisp J. had found the quarry was operated negligently and constituted a nuisance, leading to a judgment for the plaintiff for £50 and the grant of an injunction. The High Court dismissed the appeal with costs.