Question
Advise PIXIE about all causes of action that she has in torts (trespass to land and private nuisance). Consider any defences and any remedies that
Advise PIXIE about all causes of action that she has in torts (trespass to land and private nuisance). Consider any defences and any remedies that she could receive.
The HIGGINS UNIVERSITY is a university situated in QLD. It owns two campuses. One was purchased in 2010- a smaller campus in a remote part of the QLDhinterland (the 'Hinterland Campus'). The Hinterland Campus is only used three times a year (once a semester) to host a camp for new students. It is surrounded by a 3 m high fence. On one side of the property is a private property owned by Pixie. The rest of the camp is surrounded by Crown land (a national park which includes a leech invested swamp). The camp is run by nearly graduating students as camp counsellors. The camp counsellors wear uniforms indicating their role and get a small stipend for their role running the camp. They are provided with accommodation whilst facilitating the camp. While some students operate as camp counsellors at multiple camps this is not the expectation, nor the norm.
Pixie lives next door to the camp in a house which she bought in 2018. She had moved to the hinterland to live close to nature and loves the peace and quiet. Over the past few years, she has noticed that the area has become more built up and it has more generally become noisier. She particularly hates when the HIGGINS camp operates because she finds that the first-year students are noisy late into the evening talking and laughing amongst themselves. She has complained to HIGGINS but the university has brushed off her concerns. HIGGINS has told her that they are entitled to run the camps as part of their statutory rights related to running a university, the students are not particularly noisy and, anyway, the camp only takes place three times a year. In 2021, the University determines that it will undertake some renovations of the Hinterland campus which involve upgrading some of the buildings and begins work in January 2021 with some excavation work. When undertaking some excavation work, HIGINS hits some cabling owned by Pixie situated on HIGGINS land which provides internet to Pixie's property. HIGGINS was unaware of the location of the cabling. As a consequence of not having internet, Pixie cannot work from home. She is required to rent office space for $300 per week to undertake her role and is told that due to her remote location, it will cost $4000 to fix the cabling for her internet.
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