Download This PaperTrespass, Injunctions and Damages.
Australian Law Journal, 82 364-366, 2008
University of Queensland TC Beirne School of Law Research Paper No. 15-49
4 Pages Posted: 4 Jun 2015
Date Written: 2008
Abstract
Assume that a minor (but not “trivial”), superjacent, encroachment occurs over a neighbour’s land. No damage is caused. Can the neighbour have the trespass removed? Essentially, this was the question in Break Fast Investments Pty Ltd v PCH Melbourne Pty Ltd [2008] V ConvR 54-747; [2007] Aust Torts Reports 81-930; [2007] VSCA 311 (Ashley and Dodds-Streeton JJA; Cavanough AJA). The answer? Yes.
JEL Classification: k00
Suggested Citation: Suggested Citation
Lee Aitken (Contact Author)
The University of Hong Kong - Faculty of Law ( email )
Pokfulam Road
Hong Kong, Hong Kong
China
HOME PAGE: http://hub.hku.hk/rp/rp01235