The covenant for quiet enjoyment : a potential nuisance to lessors

Under Australian law, a tenant complaining of nuisance caused by another tenant traditionally had no recourse to the lessor unless the lessor actively participated in the nuisance. A recent Queensland Court of Appeal decision, Aussie Traveller Pty Ltd v Marklea Pty Ltd, has found that a lessor who fails to take steps to control a tenant's nuisance may be liable to other tenants for breach of the covenant of quiet enjoyment. This paper considers the recent decision in light of common law developments in Australia, England and the United States, including the American concept of constructive eviction.

Nuisance fly management on cattle feedlots

The Project will assess the impact of chemical applications and more targeted cleaning on nuisance fly control in feedlots. It will develop and evaluate new, biological agents for the control of nuisance flies and explore options for integration of these.

More than a nuisance: personal injury under Rylands

Discusses, by reference to case law, whether damages for personal injury are recoverable under Rylands v Fletcher liability. Considers the issue by reference to a hypothetical scenario in which a claimant suffers personal injury as a result of a chemical leak from a factory for which the factory owner is not at fault. Considers claims based on diminution in amenity and for consequential loss.

Replacing the ASBO with the injunction to prevent nuisance and annoyance: a plea for legislative scrutiny and amendment

In May 2013, the Coalition Government introduced a Bill which if passed will streamline the tools available to tackle anti-social behaviour. One of their proposals is to replace the controversial anti-social behaviour order (ASBO) with what is termed an Injunction to Prevent Nuisance and Annoyance (IPNA). Although designed to tackle criminal and sub-criminal behaviour, this new intervention will be a purely civil order replacing the civil-criminal hybrid ASBO. This article explores some of the more troubling aspects of this part of the Bill including its expansive definition of anti-social behaviour, the avoidance of due process protections, the extensive restrictions that respondents may face and the likely impact of its use on young people. With legislation presently under Parliamentary scrutiny, this article calls for amendments to avoid the most problematic aspects of the ASBO being not just replicated but amplified.

Reducing SCADA System Nuisance Alarms in the Water Industry in Northern Ireland

The advancement of telemetry control for the water industry has increased the difficulty of 14 managing large volumes of nuisance alarms (i.e. alarms that do not require a response). The aim 15 of this study was to identify and reduce the number of nuisance alarms that occur for Northern 16 Ireland (NI) Water by carrying-out alarm duration analysis to determine the appropriate length of 17 persistence (an advanced alarm management tool) that could be applied. All data was extracted 18 from TelemWeb (NI Water’s telemetry monitoring system) and analysed in Excel. Over a 6 19 week period, an average of 40,000 alarms occurred per week. The alarm duration analysis, which 20 has never been implemented before by NI Water, found that an average of 57% of NI Water 21 alarms had a duration of <5 minutes. Applying 5 minute persistence; therefore, could prevent an 22 average 26,816 nuisance alarms per week. Most of these alarms were from wastewater assets.

Monte Carlo Tests with Nuisance Parameters: A General Approach to Finite-Sample Inference and Nonstandard Asymptotics

The technique of Monte Carlo (MC) tests [Dwass (1957), Barnard (1963)] provides an attractive method of building exact tests from statistics whose finite sample distribution is intractable but can be simulated (provided it does not involve nuisance parameters). We extend this method in two ways: first, by allowing for MC tests based on exchangeable possibly discrete test statistics; second, by generalizing the method to statistics whose null distributions involve nuisance parameters (maximized MC tests, MMC). Simplified asymptotically justified versions of the MMC method are also proposed and it is shown that they provide a simple way of improving standard asymptotics and dealing with nonstandard asymptotics (e.g., unit root asymptotics). Parametric bootstrap tests may be interpreted as a simplified version of the MMC method (without the general validity properties of the latter).