Result

appellant. Appeal allowed; action dismissed; plaintiff not entitled to damages or injunction

Key principles

• The Supreme Court of Victoria held that the Melbourne and Metropolitan Board of Works, in constructing a sewerage system, was not liable in nuisance for interference with the...
• The Court held that where a statutory body is authorised to carry out works which necessarily involve some interference with private rights, no action lies in nuisance provided...
• The Court held that the doctrine of statutory authority provides a defence to an action in nuisance where the statute authorises the particular nuisance, or where the authorised...

Issues before the court

• Whether the Melbourne and Metropolitan Board of Works was liable in nuisance for interference with the plaintiff's tramway operations during...
• Whether the doctrine of statutory authority provides a complete defence to an action in nuisance
• Whether the plaintiff was entitled to compensation for loss of profits and business interruption