Lord v McMahon (No. 3) [2016] NSWSC 1686

Supreme Court New South Wales

Medium Neutral Citation: Lord v McMahon (No. 3) [2016] NSWSC 1686 Hearing dates: 19 and 31 August 2016, 15 September 2016 Date of orders: 01 December 2016 Decision date: 01 December 2016 Jurisdiction: Equity Before: Slattery J Decision: Parties agree on method of abatement of nuisance caused by the table drain. Orders made for final relief to abate the nuisance caused by a dam runoff based on defendant's methodology to abate the nuisance. Catchwords: NUISANCE – in the first judgment in the proceedings the defendant found responsible for a nuisance occasioned to the plaintiff's land by dam constructed on the defendant's land – disputes remain about the scope of the works required to abate the nuisance – whether the plaintiff's or the defendant's proposed solution to abate the nuisance should be adopted – other issues considered about the method of abatement of a nuisance caused by table drain. Cases Cited: Kennard v Cory Brothers & Co Ltd [1922] 1 Ch 265 Lord v McMahon [2015] NSWSC 1619 Lord v McMahon (No. 2) [2016] NSWSC 1153 Thompson – Schwab v Costaki [1956] 1 WLR 335 Morris v Redlands Bricks Ltd (1970) AC 652 Tobacco Institute (Aust) Ltd v Australian Federation of Consumer Organisations Inc (1992) 38 FCR 1 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (5th ed 2014, LexisNexis Butterworths) Category: Principal judgment Parties: Plaintiff: Heather Lord First Defendant: Stephen McMahon Representation: Counsel: Plaintiff: C.A. Vindin Defendant: G. Waugh