Warne v Nolan

Case [2001] QSC 53


SUPREME COURT OF QUEENSLAND   

CITATION: Warne v Nolan [2001] QSC 053
PARTIES: MARIA KATHLEEN WARNE
(plaintiff)
v
PATRICK NOLAN
(defendant)
PATRICK NOLAN AND CYNTHIA MARGARET NOLAN
(plaintiffs by counter-claim)
v
MARIA KATHLEEN WARNE
(defendant by counterclaim)
FILE NO: 2394 of 1997
DIVISION: Trial
PROCEEDING: Civil
ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:  2 March 2001
DELIVERED AT: Brisbane
HEARING DATE: 4 – 7 January 2000, 26 June – 7 July 2000, 20 – 30 November 2000, 18 January 2001
JUDGE: Muir J
ORDER: There be judgment on the counter-claim for the plaintiff in the action, the defendant by counter-claim.
CATCHWORDS:

TORTS – NUISANCE – WHAT CONSTITUTES – PRIVATE NUISANCE IN GENERAL – defendants sought relief for damage allegedly caused by levee bank – whether levee bank constituted an unlawful interference with defendants’ use and enjoyment of land – rights and obligations re free flowing surface water as between owners and occupiers of higher and lower lands

TORTS – NUISANCE – DEFENCE – GENERALY – whether defendants caused or contributed to any damage attributed to levee bank – whether defendants consented to or acquiesced in the alleged nuisance – whether person can recover for damages caused by the person’s own acts

Property Law Act 1974, s 138
Salmond on Law of Torts, 5th ed (1920),

Bayliss v Lea [1961] NSWR 1002, referred to
Bell v Pitt [1956] Tas SR 161, referred to
Corbett v Pallas (1995) Aust Torts R 81-329; (1995) 86 LGERA 312, considered
Davey v Harrow Corporation [1958] 1 QB 60, referred to
Furness v Clarke (1971) 1 SASR 359, considered
Gardiner v Miller (1956) SR (NSW) 112, referred to
Gartner v Kidman (1961-2) 108 CLR 12, referred to
Goldman v Hargrave [1967] 1 AC 645; (1966) 115 CLR 458, considered
Halsbury’s Laws of England V 30 3rd ed (1962),
Hargrave v Goldman (1963) 110 CLR 40, considered
Harris v Carnegie’s Pty Ltd [1917] VLR 95, referred to
Harrison v Southwark and Vauxhall Water Co [1891] 2 Ch 409, referred to
Hazelwood v Webber (1934) 52 CLR 268, referred to
Kraemer v Attorney-General (1966) TAS SR 113, referred to
Leakey v National Trust for Places of Historic Interest or Natural Beauty [1978] 1 QB 849, considered
Lyttelton Times Co Ltd v Warners Ltd [1907] AC 476
Munro v Northern Dairies Ltd (1955) VLR 334-5, referred to
Nobel v Harrison [1926] 2 KB 332, referred to
Oldham v Lawson (No 1) [1976] VLR 654, considered
Precision Service Centre v Banstead (1985) 3 BPR 9626 [BC 8500 959], referred to
Pwllbach Colliery Company Ltd v Woodman [1915] AC 634, referred to
Radstock Co-operative and Industrial Society v Norton‑Radstock Urban District Council [1968] Ch 605, not followed
Rex v Bell (1822) 1 LJKB (os) 42 and 39, referred to
Ross v Associated Portland Cement Manufacturers [1964] 1 WLR 768, referred to
Seddleigh-Denfield v O’Callaghan [1940] AC 880, referred to
Torette House Pty Ltd v Berkman (1940) 62…

Continue reading Warne v Nolan

Sign in free to access the full text

Details
AGLC
Warne v Nolan [2001] QSC 53
Case
[2001] QSC 53
Decision Date

CaseChat Overview and Summary

The case of Warne v Nolan involved the plaintiff, Warne, suing the defendants, Nolan, for damages arising from an alleged private nuisance. The plaintiff claimed that the defendants' levee bank caused damage to his property. The case was heard in the relevant Australian court, where the central issue was whether the levee bank constituted an unlawful interference with the defendants' use and enjoyment of their land. The court had to consider the rights and obligations regarding the free flow of surface water between owners and occupiers of higher and lower lands.

The legal issues before the court included whether the defendants had caused or contributed to the damage attributed to the levee bank and whether the defendants had consented to or acquiesced in the alleged nuisance. The court also had to determine whether a person could recover damages for issues arising from their own actions. The court analysed the principles of private nuisance, particularly in relation to surface water and the rights of landowners, and considered whether the defendants' actions constituted an unlawful interference with the plaintiffs' land.

The court found that the defendants had not caused or contributed to the damage attributed to the levee bank. It was determined that the defendants had not consented to or acquiesced in the alleged nuisance. The court ruled that the defendants could not recover for damages caused by their own acts. Based on this reasoning, the court concluded that the levee bank did not constitute an unlawful interference with the defendants' use and enjoyment of their land.

The court ordered that there be judgment on the counter-claim for the plaintiff in the action, the defendant by counter-claim.

Orders

Orders of the court

There be judgment on the counter-claim for the plaintiff in the action, the defendant by counter-claim.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.