Catchwords:

TORTS – nuisance – private nuisance – plaintiffs’ properties affected by rupture of defendant’s water main – level of generality at which to identify purpose of use – whether purpose of use common and ordinary – whether rupture of water main was caused by a latent defect – whether defendant established that its uses of lands were conveniently done – whether s 43A of Civil Liability Act 2002 (NSW) applicable

COSTS – Party/Party – whether exercise of costs discretion manifestly miscarried – where primary judge apportioned costs in respect of one issue but not others – where issues and evidence overlapped