Trespass, Injunctions and Damages.
Australian Law Journal, 82 364-366, 2008
4 Pages Posted: 4 Jun 2015
Date Written: 2008
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  V ConvR 54-747;  Aust Torts Reports 81-930;  VSCA 311 (Ashley and Dodds-Streeton JJA; Cavanough AJA). The answer? Yes.
JEL Classification: k00
Suggested Citation: Suggested Citation