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15/01/2020 at 10:33 pm
#47920
Interested that you say nuisance has a narrow definition. Would very much like to know the cases you rely on to form this opinion. The common law threshold of nuisance (based on the cases I’ve read) seems clear. An interference with common property by nuisance in breach of Section 153 should have consequences. Interested to know what they are so SP can seek remedy. Section 153 created so that the common law breach by nuisance can be remedied without resort to by-laws which are expensive and can be a clumsy solution when the drafting of Section 153 already anticipated this problem.