High Court of Australia
H.C. or A, Local Government—Drainage of streets—Water directed on to land. adjoining pla —Inereased flow from neighbouring land to plaintiff's land—Damage ca increased flow and impurities brought therewith—Absence of negligence in struction of drain—Local Government Act 1928 (Vict.) (No. 3720), secs. 606.
1933.
Ww Metnours®, June 7, 8.
Sypyey, Aug. 21.
Rich, Starke, Dixon, Evatt and McTiernan ar
HIGH COURT
(HIGH COURT OF AUSTRALIA.)
AISBETT ' PLAINTIFF,
CITY OF CAMBERWELL . Derenpant,
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
AND
3 4 . ResPoNpeEnr.
well. Through this land there was a natural depression down which surfa
*Sec. 606 of the Local Government Act 1928 (Vict.) provides that: "'(1) The council of every municipality may in or through any lands within the municipal district make and open such ditches gutters tunnels drains and water-courses as to such council may seem fit. (2) Such council may make scour cleanse and keep open all ditches creeks gutters tunnels drains or water- courses within or adjoining to the municipal district. (3) Such council for any of the purposes aforesaid may enter upon any lands and shall make compensation to the owners and occu- piers of such lands for any damage which they sustain through' the exer- cise of any of the powers conferred by this section." Sec. 608 provides that : "(1) No action shall be brought against any municipality in respect of any
water flowed from the neighbouring land on the east.
Under the prov
negligence by such municipality or by virtue of this Division or an corresponding previous enactment 0 in respect to any damage or in arising out of the making or construé ing of any such works by reason that the municipality made or 00 structed the same or caused the sal to be made or constructed withou exercising any powers created or col ferred by this Division or any com ponding previous enactment. (2) Sueh works shall be deemed to have b made and constructed without n@ gence if no claim for compensation 0 account thereof is made within years from the date of the compl
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