Facts
- A woman bought a house near a lake
- Over time the boating activities on the lake increased, and the woman sought an injunction on the basis it was a nuisance
Issue
- Whether the noise amounted to a nuisance
Held
- Yes, it did amount to nuisiance –injunction granted
- The woman was not seeking damages, just an injunction
- The law provides this remedy for people subjected to such a nuisance
- The woman had been aware at the time of commencing building, but they have escalated since then – sometimes lasting several days. This amounted to nuisance
- Once she could prove this, she was entitled to an injunction
- In some instances, damages are awarded, but it is not appropriate in this case because the injury was not small or capable of being estimated in terms of money
- Concluded she was only entitled to what actually made nuisance, because she was already aware of some noise beforehand
- People should endure a certain amount of annoyance; it must be ‘unreasonable’ – is the neighbor using the property properly?
- Restricted the days which the boating could be used, and what kind of boats were allowed
-- Download Kennaway v Thompson [1981] 3 All ER 329 as PDF --

