Majlis Perbandaran Pulau Pinang V Boey Siew Than Ors

It materially affects the reasonable comfort and convenience of a class of the subjects of the state.

Majlis perbandaran pulau pinang v boey siew than ors. P has to prove that he has suffered damages injury over above the ordinary convenience suffered by the public at large. Majlis perbandaran pulau pinang v boey siew than ors 1978 2 mlj 156. It materially affects the reasonable comfort and convenience of a class of the subjects of the state. Gunn chit tuan j at 158.

This was re affirmed in case of case of majlis perbandaran pulau pinang v boey siew than ors 1978 2 mlj 156 the court was of the view that nuisance is considered as public nuisance if it affects the reasonable comfort class of society. Gunn chit tuan j at 158. Majlis perbandaran pulau pinang v boey siew than ors 1978 2 mlj 156. Majlis perbandaran pulau pinang vs.

Majlis perbandaran pulau pinang v boey siew than ors 1978 2 mlj 156. See majlis perbandaran pulau pinang v boey siew than ors 1979 2 mlj 127 fc per raja azlan shah cj malaya at 130. It is clear that a nuisance is a public nuisance if within its sphere which is the neighbourhood. It materially affects the reasonable comfort and convenience of a class of the subjects of the state.

Majlis perbandaran pulau pinang v boey siew than ors person who may claim civil proceeding only a person who has suffered special damage can claim for damages for public nuisance. Majlis perbandaran pulau pinang v boey siew than ors 1978 2 mlj 156 at 158 per gunn chit tuan j. Class of the subject of the state is a question of fact in each case. It is clear that a nuisance is a public nuisance if within its sphere which is the neighbourhood it materially affects the reasonable comfort and convenience of a class of the subjects of the state.

It is not to be arbitrarily exercised but must be done judicially in accordance with principles. It is clear that a nuisance is a public nuisance if within its sphere which is the neighbourhood. Here we need to distinguish whether the act of busking is considered as public nuisance. Majlis perbandaran pulau pinang v boey siew than ors 1978 hakim gunn chit tuan it is clear that a nuisance is a public nuisance if within its sphere which is the neighbourhood it materially affects the reasonable comfort and convenience of a class of subjects of the state.

15 december 1977 12 january 1978 16 january 1978 9 february 1978. Civil suit no 692 of 1977.