Woolnough v Isaac Regional Council

The case of Woolnough v Isaac Regional Council involved the Woolnoughs, the plaintiffs, who alleged that the Isaac Regional Council, the defendant, had unlawfully installed a sewer main on their property in Nebo, Queensland. The Woolnoughs claimed this was done without their consent, resulting in various damages, including the alleged leakage of sewage onto their property, which they argued constituted a nuisance. The Council asserted that the sewer main had been installed in 2005, well before the Woolnoughs purchased the property, with the consent of the previous owners, Karen and Kevin Smith. The case was heard in the Supreme Court of Queensland.

The central legal issues revolved around whether the installation of the sewer main constituted a trespass and whether there was a leakage of sewage causing a nuisance. The Court had to determine whether the sewer main was installed with the consent of the property's owners and if the installation indeed caused the alleged subsidence and sewage leakage. The evidence presented by the Woolnoughs was not persuasive enough to establish their claims, while the Council provided comprehensive and convincing evidence to counter the allegations.

The Court found that the installation of the sewer main was lawful, as it had occurred with the consent of the previous owners in 2005. There was no credible evidence to support the Woolnoughs' claims that sewage leaked onto their property. Consequently, the Court dismissed the Woolnoughs' claims of trespass and nuisance. The Court also found that the installation did not cause any subsidence to the property's structures as alleged. As a result, the Woolnoughs' claim was dismissed, and the Court ordered that the Woolnoughs pay the Council's costs, subject to written submissions on costs from the parties.