Supreme Court - Trial Division

Michael Vincent Baker Superannuation Fund Pty Ltd v Aurizon Operations Limited & Anor [2017] QSC 026 (08/12854) Mullins J 13 March 2017

Full-text: QSC17-026.pdf


TORTS NUISANCE WHAT CONSTITUTES PRIVATE NUISANCE IN GENERAL where railway conducted on land adjoining lower grazing property where culverts constructed and maintained under statutory authority in railway embankment to discharge water from the upstream catchment in the direction of the grazing property along the natural watercourse where property upstream from the railway property cleared and developed where culverts concentrated water flows onto the grazing property causing erosion and subsidence whether occupier of railway land liable for nuisance

TORTS NUISANCE DEFENCES STATUTORY POWER OR DUTY whether nuisance was the inevitable consequence of the construction and maintenance of the culverts in the railway embankment authorised by the legislation whether the statutory body discharged the onus of disproving negligence in the exercise of its statutory powers

TORTS NUISANCE REMEDIES DAMAGES where the owner of the grazing property that sustained damage as a result of the nuisance caused by the defendants sought damages on the basis of the costs of the reinstatement of the eroded gully whether in the absence of evidence of the diminution in value of the grazing property caused by the nuisance, it was reasonable for the award of damages to be calculated on the basis of the costs of reinstatement where each defendant only liable for the portion of the costs of reinstatement that can be apportioned to the period during which that defendant caused the nuisance