Lyndel Nominees, JTP Noldings and Anor and Wellcome Intl and Anor v Mobil Oil

Lyndel Nominees, JTP Holdings and Anor (the applicants) sought to restrain Mobil Oil Australia Ltd and another respondent (the respondents) from continuing to operate a service station at a particular location. The applicants, who were owners of neighbouring properties, alleged that the operation of the service station constituted a nuisance. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the operation of the service station, which included the dispensing of fuel, the use of underground storage tanks, and associated activities, constituted a legal nuisance to the neighbouring properties. This involved considering the nature and extent of the alleged interference with the applicants' use and enjoyment of their land.

The High Court ultimately found that the operation of the service station did not, in the circumstances, amount to a nuisance. The Court applied established principles of nuisance law, considering factors such as the locality of the service station, the reasonableness of its operation, and the degree of interference with the applicants' enjoyment of their properties. The Court determined that the activities complained of were not of such a character as to be unreasonable or to cause substantial interference.