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Malaysian Law Student: Public Nuisance 26/10/2019, 01)54

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LEGAL SITES LABELS Public Nuisance


SUNDAY, OCTOBER 25, 2009
Malaysian Bar About (1)
Lawyerment articles (10) Public Nuisance is an interference with public rights such as the
Get a Free
e-Lawyer Civil procedure (4) obstruction of public highways or the selling of contaminated food. An
valuation for
LawNet company (2) action for negligence can also claim for public nuisance.
your car and
Current Law Journal criminal (3) the best price
Lawyer 2B criminal procedure (3) Definition of Public Nuisance via our
The Lawyer Criticism (1) case: Attorney-General v PYA Quaries Ltd nationwide
Cyber Law (2) -" public nuisance arises when an act materially affects the reasonable bidding
comfort & convenience the life of a class of the society". platform!
Download (2)
LINKS other case: Majlis Perbandaran Pulau Pinang v Boey Siew Than &
Equity (4)
Ors
United Nation Evidence (1)
International Court of Jurisprudence (4)
Person who may claim (civil proceeding)
Justice Land (2)
-only a person who has suffered special damage can claim for damages
Parliament of Malaysia news (1)
for public nuisance. P has to prove that he has suffered damages & injury
Malaysian Judicial partnership n company
over & above the ordinary convenience suffered by the public at large.
Court (1)
The following factors may be used as a guidance to determine the
Department of Syariah Privacy Policy (1)
existence of special particular damage:
Judiciary Malaysia Public International (i) the type or extent of damage is more serious, The P must suffer more
Attorney General's Law (2) than what is suffered by other persons who are exposed to the same
Chambers Quotes (1) interference.
Institut Latihan torts (13) (ii) the damage must be a direct consequence & is substantial. Eg of
Kehakiman & Trust (9) direct damage: P suffers breathing problems due to D's smoke pollution.
Perundangan Videos (2) In the case of Pacific Engineering v Haji Ahmad Rice Mill, the P had
Ministry of Higher proved that they suffered personal discomfort & injury to property thereby
Education satisfying the requirement 'special damage'. An injunction preventing the
ABOUT ME
International Law Book D from burning rice husks in the compound of their premises was granted.
The court held that in action for public nuisance, a P may institute

http://malaysialawstudent.blogspot.com/2009/10/public-nuisance.html Page 1 of 3
Malaysian Law Student: Public Nuisance 26/10/2019, 01)54

Services rex proceeding without obtaining prior consent from the A-G if he suffered
View my complete
special damage.

ONLINE profile
If no special damage suffered by any particular individuals
NEWSPAPERS..
-section 8(1) of Government Proceeding Act 1956 provides that the A-
The Star
FOLLOWERS G, or two or more persons who have obtained written permission from the
Berita Harian Followers (54) Next
A-G, may institute a suit in public nuisance for a declaration & injunction Interior
Harakah or for such other relief as may be appropriate to the circumstances of the Designer
case. In Koperasi Pasaraya Malaysia Bd v Uda Holdings Sdn Bhd, it
Malaysiakini Specialist
was held that in action for public nuisance, consent must be first obtained
New Straits Times
from the A-G. Related case : Majlis Perbandaran Pulau Pinang v Boey
Utusan Malaysia CANTIKWALL
Siew Than.

Posted by rex at 7:29 PM


Get the best
Labels: torts
Jooring
solution
4 COMMENTS: from
Cantikwall
Anonymous, May 20, 2012 at 4:52 AM

I have a noisy mamak corner near my house that blocks up


traffic and there's so much noise pollution in my area especially
Follow during match nights. I have complained to mbpj but the
situation did not improve. Is there any law against excessive
noise at night? I'm writing this at 4.45 in the morning because OPEN
me and my baby were woken up by the noise of the spectators
cheering. Is there any action i can take against the mamak
operator. Thanks.

Anonymous, April 13, 2018 at 1:46 PM

hi! is there any citation/source from the info above? thankyou!


Business Law:
Text and...
$61.67 Wonder-Free, December 19, 2018 at 2:36 PM

Shop now https://eaduan.doe.gov.my//eaduan/open.php complain to


Jabatan Alam Sekitar

liziku515@gmail.com, April 28, 2019 at 12:15 AM

Hi there...
We are having camping at the beach... however there's
another group of people (RELA) is also having camping at the
same place...
They are now (at 12:14am) playing the music and keep on
singing!!!
What can we do to stop them?!

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► 2015 (1) This blog is useful mainly as a reference for law
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