MLC707 Business Law
Assessment One
Due Date and Time: Friday 28 April 2023, 8:00pm (AEDT / Melbourne Time)
Percentage of Final Grade: 40%
Word Count:
Question 1
The issue, in this case, is whether Mr. Mc Giver’s claim of nuisance against Coffee D’oro Pty
Ltd is likely to succeed or not. Primarily, whether the wind turbine’s noise is a nuisance and if
so, whether Coffee D’oro Pty Ltd should be prohibited from leveraging the turbines by the
approval of an injunction. The issues for determination in the proceeding and my conclusions
in relation to scenario are as follows:
Nuisance:
Nuisance is an act by the defendant that indirectly interferes with the plaintiff’s use and
enjoyment of private or public land. A person commits a private nuisance if that person
interferes with another person’s use or enjoyment of their land in such a way that is both
substantial and unreasonable.
Whether an interference is substantial is a question of fact. 1 While it does not extend to a
trivial interference, or protect those of ‘delicate or fastidious’ habits,2 it does include an
interference that disturbs an occupier’s sleep.3
Has noise from the wind turbines caused substantial interference with the plaintiff’s use
and enjoyment of their land?
In this scenario, it is argued that the wind turbine noise is making it difficult for Mr. Mc Giver
to fully utilise and enjoy his property since it hinders him from sleeping and disrupts with the
breeding of his endangered species. This could be possibly viewed as substantial interference,
presumably. However, it’s also crucial to reflect as to how absurd the intervention is.
Whether the interference is unreasonable, court will consider the nature, location, and
sensitivity of the affected property, as well as the social and economic worth of the activity
producing the interference.
Has the interference with the plaintiff’s use and enjoyment of their land been
reasonable?
In the current case most neighbours adjacent the coffee roasting facility owned by Coffee
D’oro Pty Ltd seem satisfied with the green power system and are willing to put up with the
noise from the turbines. Having said that Mr. Mc Giver contends that the turbine noise is
keeping him awake and interfering with the hatching of Eastern Ground Parrot (rare bird). As
per the statutory requirements, it’s a violation of the Environment Protection Regulations
20214=(Vic) for anyone to make a noise that is injurious to other individuals or damages the
1 Riverman=Orchards Pty Ltd v Hayden= [2017] VSC 379, [179].
2 Haddon v Lynch [1910] VicLawRp 68; [1911] VLR 5, 9.
3 Haddon v Lynch, 9;=Munro v Southern Dairies Ltd=[1955] VicLawRp 19;==[1955] VLR 332,
335.
4 Environment Protection Regulation Act 2021
