ABSTRACT
By a slim majority of 3-2, the High Court of Australia in Hunt Leather Pty Ltd v Transport for NSW [2025] HCA 53 has now endorsed the test for private nuisance laid out by the UK Supreme Court in Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4; [2024] AC 1. At the heart of the dispute was considerations of onus, and whether the focus of the tort of private nuisance should be on the conduct of the defendant or on the quality of the interference suffered by the plaintiff.
Mohseni, Aryan, What (is) a nuisance: Hunt Leather Pty Ltd v Transport for NSW (January 7, 2026), (2026) 142 (July) Law Quarterly Review (forthcoming).
Leave a Reply