Where a nuisance progressively affects different parts of the same property (held under different certificates of title), the progressive visibility does not give rise to a fresh cause of action day by day but constitutes a continuing cause of action. A court has discretion to decline to entertain arguments on a subsequent interlocutory application that were raised and determined on an earlier application. The question whether Western Australia follows the preclusion approach ([name withheld]) or the discretion approach ([name withheld]) to successive interlocutory applications remains open.
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