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High Court dismisses claim of nuisance by owner of farm land against mine, where the farm owner had failed to establish surface subsidance of land, or that other alleged damage had been caused by the mining operations, and where he had exaggerated the alleged cost of repair.
Claim arising from mining activities - Article 10 of the Constitution - Minerals Development Acts, 1940-1995 (Mining
Acts) - settlement caused to surface of farm - law of nuisance - whether further obligations arose under Mining Acts - obligations under lease of mine - liability to "pay compensation to any owner…or occupier…having rights for the time being in surface lands…for all damage done to the surface of any land or to mineral deposits or to water supplies or nuisance caused either directly or indirectly by the working of the minerals" - onus on plaintiff to prove causation - damages - case management - expert evidence - absence of pre-trial management directions - whether alleged damage to surface of lands actually cause damage to tractor drivers - exaggeration - cost of restoring land - cost greatly in excess of value of lands - dewatering - conclusion on displacement - prospect of future loss - de minimis non curat lex [“the law does not concern itself with trifles”].
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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