Washed Away - Negligence Or Nuisance?

This New South Wales Supreme Court ruling has helped to distinguish the different thresholds at play when examining both nuisance and negligence claims against a public authority in New South Wales.

In issue

• The case focused on a defendant's actions and whether they amounted to a liability in nuisance. Also in issue was whether sections 42 and 43A of the Civil Liability Act 2002 (NSW) applied to nuisance claims against public authorities in New South Wales.

The background

The case involved 119 plaintiffs, including the Owners' Corporation representing the owners of a strata scheme bearing Strata Plan No 16460. The other 118 plaintiffs were owners of the lots within the scheme, which was a townhouse complex in Elermore Vale in Newcastle. The plaintiffs sued the Hunter Water Corporation (HWC), a corporation created by the Hunter Water Act 1991 (NSW) (the HWA).