Shogunn Investments Pty Ltd v Public Transport Authority of Western Australia

Shogunn Investments Pty Ltd, the plaintiff, sought damages from the Public Transport Authority of Western Australia, the defendant, for alleged economic losses resulting from the defendant's roadworks. Shogunn claimed that the removal of a right-hand turning slip (RHTRS) in the median strip of Wellington Street substantially interfered with its property rights, specifically its right of access to its car park located on Raine Square. The case was heard in the Supreme Court of Western Australia. The primary legal issue was whether the removal of the RHTRS by the Public Transport Authority constituted a substantial interference with Shogunn's private right of access to its property, thus giving rise to a claim for damages under private nuisance. Additionally, the court had to determine if besetting was a necessary element to establish a claim in private nuisance.

The court found that while besetting may not be necessary to establish a claim in private nuisance, as suggested by Shogunn following the case of Animal Liberation, there was no real prevention or inhibition of access to Shogunn's land in this case. The removal of the RHTRS required drivers to take a more circuitous route to reach Shogunn's car park, but did not deny them use of the road or make them apprehensive to make use of it. The court also outlined the common law private right of access, which includes the right of an owner or occupier of land adjoining a public road to free and uninterrupted access to the road. The court concluded that while Shogunn had a common law right of access, the removal of the RHTRS did not substantially interfere with this right, as it only required a more circuitous route to access the property.

The court dismissed Shogunn's claim for damages, finding that the removal of the RHTRS did not constitute a substantial interference with its private right of access. The court did not grant any damages to Shogunn.