Owners Corporation SP 46510 v Tan

The Owners Corporation for Strata Plan 46510 initiated legal action against Tan, the owner of an adjacent property, due to an issue of private nuisance. The Owners Corporation claimed that the defendant's actions during the development of their property had led to water seepage into their land, which would continue to affect their property unless addressed. This case was heard in the Supreme Court of New South Wales. The primary concern was whether the defendant's actions constituted a nuisance, given the ongoing water ingress affecting the plaintiff's property.

The court needed to determine if the defendant's actions were indeed a private nuisance, which involves an unreasonable interference with a person's use or enjoyment of their land. Additionally, the court had to assess whether the plaintiff's cumulative negligence claim was adequately presented and substantiated. The plaintiff argued that the defendant's failure to take reasonable steps to prevent water ingress constituted a nuisance. The defendant, on the other hand, contended that their actions did not amount to a nuisance and that the plaintiff's claim was not adequately supported by evidence.

The court ruled that the plaintiff had successfully established a prima facie case of private nuisance due to the water ingress caused by the defendant's property development activities. The court found that unless the issue was addressed, the water ingress would persist, thereby affecting the plaintiff's property. However, the court also determined that the plaintiff's cumulative negligence claim was not sufficiently pleaded or proven. The court found that the defendant's actions constituted a nuisance, and the plaintiff was entitled to seek a remedy for the ongoing water ingress. The court ordered the defendant to take reasonable steps to mitigate the water ingress and prevent further interference with the plaintiff's property.