Today the High Court clarified the law of private nuisance in Australia. Hunt Leather Pty Ltd v Transport for NSW [2025] HCA 53 was a class action brought on behalf of businesses who claimed that they had suffered economic loss from delays in construction of the Sydney Light Rail. The plaintiffs succeeded at first instance but this was overturned in the NSW Court of Appeal.

The High Court held that liability in private nuisance arises from a substantial interference with a plaintiff’s land where the interference is with the ordinary enjoyment of land if (i) a defendant uses their land for a purpose that is not common or ordinary; or (ii) the defendant’s use of land does not reasonably minimise the extent of the substantial interference. Applying that test, the High Court held that there had been a substantial interference with the ordinary enjoyment of land by the plaintiffs and the defendant had failed to discharge its onus of establishing that it planned and procured the construction of the Sydney Light Rail in a manner that reasonably minimised the extent of that substantial interference. The High Court held that the damages to which the plaintiffs were entitled did not include reasonable costs of litigation funding.

Adam Hochroth SC appeared for the appellants. Justin Gleeson SC, Luca Moretti and Bronte Lambourne appeared for the respondents.

Judgment: https://lnkd.in/gkHK77tC