29 TAURUS STREET ELERMORE VALE

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

CIVIL PROCEDURE — Originating process — Amendment — Plaintiffs seek to add a new claim — Where application is late — Where claim may be untenable — Where claim would be heard on evidence already before the Court — Where there is no prejudice to the defendant