Public Nuisance

Public Nuisance is an interference with public rights such as the obstruction of public highways or the selling of contaminated food. An action for negligence can also claim for public nuisance.

Definition of Public Nuisance
case: Attorney-General v PYA Quaries Ltd
-" public nuisance arises when an act materially affects the reasonable comfort & convenience the life of a class of the society".
other case: Majlis Perbandaran Pulau Pinang v Boey Siew Than & Ors

Person who may claim (civil proceeding)
-only a person who has suffered special damage can claim for damages for public nuisance. P has to prove that he has suffered damages & injury over & above the ordinary convenience suffered by the public at large. The following factors may be used as a guidance to determine the existence of special particular damage:
(i) the type or extent of damage is more serious, The P must suffer more than what is suffered by other persons who are exposed to the same interference.
(ii) the damage must be a direct consequence & is substantial. Eg of direct damage: P suffers breathing problems due to D's smoke pollution. In the case of Pacific Engineering v Haji Ahmad Rice Mill, the P had proved that they suffered personal discomfort & injury to property thereby satisfying the requirement 'special damage'. An injunction preventing the 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 proceeding without obtaining prior consent from the A-G if he suffered special damage.

If no special damage suffered by any particular individuals
-section 8(1) of Government Proceeding Act 1956 provides that the A-G, or two or more persons who have obtained written permission from the A-G, may institute a suit in public nuisance for a declaration & injunction or for such other relief as may be appropriate to the circumstances of the case. In Koperasi Pasaraya Malaysia Bd v Uda Holdings Sdn Bhd, it was held that in action for public nuisance, consent must be first obtained from the A-G. Related case : Majlis Perbandaran Pulau Pinang v Boey Siew Than.