Plaintiff alleges excessive noise and vibrations emanating from a neighbouring business in a commercial strata complex
Private day hospital situated in close proximity to gymnasium business
Whether private nuisance claim established
Quick Take
1A private day hospital performing delicate spinal injections and endoscopies in a multi-level commercial strata complex in an industrial locality constituted a hypersensitive and abnormally sensitive use of the land, not an 'ordinary use' attracting the protection of private nuisance, assessed by reference to the locality, historical uses of the building, and the nature of the procedures performed.
2Under the Hunt Leather two-stage framework, even where substantial interference was demonstrated in an earlier period (here, December 2025 to April 2026), the plaintiff must establish continuing or likely future interference to obtain permanent injunctive relief; remedial steps by the defendant that reduced interference to insubstantial levels defeated the claim for ongoing relief.
3A defendant gymnasium operator's failure to undertake vibration and noise studies during construction was relevant to whether its use was 'conveniently done', but reactive remedial measures (additional flooring, behavioural controls, signage) that effectively reduced interference could satisfy that requirement going forward.
