FACTORY NOISES

Otago Daily Times, Issue 24826, 28 January 1942, Page 6

FACTORY NOISES

ALLEGED NUISANCE’ SUPREME COURT JUDGMENT Mr Justice Kennedy has given judgment in the action brought by Antony Joseph and David Joseph against Mark Woolfe Silverstone and the Silverstone Joinery Factory, Ltd., in which the plaintiffs asked for an injunction to prevent the defendants causing an alleged nuisance of noise from the operation of planing machines, circular saws and a suction fan in the defendants’ factory. After traversing the evidence his Honor stated: “I have carefully considered the whole of the evidence, and in the end I have arrived at the conclusion that while some criticism may be made of individual witnesses and of parts of the evidence, there is no really secures or satisfactory basis for rejecting the opinions and expert? ences spoken of by the defendants and adopting preferentially the opinions and experiences deposed to by the plaintiffs as actual facts. Had I to rely upon the evidence merely, I would find that the plaintiffs have not affirmatively proved that there does now remain a nuisance of noise. After I had prepared the above judgment I suggested that an inspector be appointed to inspect and report to the court. The parties eventually agreed upon the appointment of two inspectors to inspect and their joint report has been filed. I am satisfied by their report not only that the plaintiffs have failed to prove the continuing nuisance alleged, but also that there is now no nuisance.”

His Honor added that the plaintiffs were Justified in commencing proceedings, for from May, 1941, until some time in August there had been a nuisance. The relief asked for by the plaintiffs would be refused and judgment would be for the defendants. Each party was ordered to pay' its own costs.

At the hearing in the ’ Supreme Court on September 8 and 9 Mr L B. Stevenson appeared for the plaintiffs and Mr Mark Hanan for the defendants.