Dear Colleagues;

We don’t see a lot of first instance decisions on this list, but I couldn’t resist posting a link to this one. The case involves a claim for private nuisance by the owners of a car park where the local roads authority removed a “turning lane” which enabled easy access to the car park for drivers coming from one direction. The drivers could still go around the block and enter, however. Kenneth Martin J in the WA Supreme Court gives a lengthy decision with a veritable smorgasbord of nuisance cases for those who are interested in the area. The claim failed.

Shogunn Investments Pty Ltd v Public Transport Authority of Western Australia [2016] WASC 42
Supreme Court of Western Australia
K Martin J
Private nuisance - action in private nuisance brought by plaintiff company, which operated car parking business, against defendant Public Transport Authority - plaintiff sought to restrain defendant from removing traffic turn scenario - determination of preliminary issue concerning plaintiff’s commercial car parking location and 'substantial interference' element of private nuisance - East Perth Redevelopment Act 1991 (WA) (Repealed) - Land Administration Act 1997 (WA) - Metropolitan Redevelopment Authority Act 2011 (WA) - Public Transport Authority Act 2003 (WA) - held: preliminary issue answered in favour of defendant - permanent removal of right hand turning lane not capable of interfering with plaintiff's use and enjoyment of leasehold interest or rights over premises sufficiently to form basis for private nuisance action.
Shogunn (I B C)