29 TAURUS STREET ELERMORE VALE

TORTS – nuisance – private nuisance – plaintiffs’ properties affected by rupture of defendant’s water main – level of generality at which to identify purpose of use – whether purpose of use common and ordinary – whether rupture of water main was caused by a latent defect – whether defendant established that its uses of lands were conveniently done – whether s 43A of Civil Liability Act 2002 (NSW) applicable COSTS – Party/Party – whether exercise of costs discretion manifestly miscarried – where primary judge apportioned costs in respect of one issue but not others – where issues and evidence overlapped

COSTS — Party/Party — General rule that costs follow the event — Application of the rule and discretion — Whether success or failure on separate claims should affect costs orders

TORTS — nuisance — private nuisance — plaintiffs’ properties flooded after water main owned and operated by Hunter Water Corporation burst — whether defendant’s interference with enjoyment of plaintiffs’ property was unreasonable — whether unreasonableness is an element of nuisance DAMAGES — property damage loss — claim for loss to property value due to stigma associated with flooding