Victoria Park Racing and Recreation Grounds Co. Ltd v. Taylor
Encyclopedia
Facts
The plaintiff
owned a racing track
which charged admissions to people who placed bets on the races. Taylor (the Defendant) was a neighbour of Victoria Park
. Taylor built a platform on his land to view the races and odds being given at the track. Taylor broadcast this information to people participating in off-track betting
. The Plaintiff argued that ticket sales were lower as a result of Taylor's broadcasts as people who had previously come to the track were now listening on the radio instead and Taylor was profiting at the expense of the plaintiff.
against Taylor on 2 major grounds:
1) Spectacle: The plaintiff argued that spectacle is property. He reasoned that the value of an object to the creator should be a factor in determining whether or not a thing should be recognized as property.
The minority judgement was one of support based upon the existence of underlying legal principles.
The majority of the court disagreed, however, stating that there existed no precedent for this argument and as such, spectacle should not be considered property.
2) Nuisance: The plaintiff argued that Taylor was acting as a nuisance
, resulting in an unreasonable and significant interference with the plaintiff's use and enjoyment of property.
The majority disagreed, stating there to have been no nuisance as the act of looking over a fence does not interfere with the proceedings of a racecourse. The Court decided not to expand the categories of nuisance.
The plaintiff also suggested privacy
and non-natural use of property as possible foundations for injunction. These arguments were dismissed.
Spectacle as Common property: for those that can see and report the spectacle from their own land, the spectacle has become common property. A ‘Spectacle’ is not private property
.
The plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
owned a racing track
Race track
A race track is a purpose-built facility for racing of animals , automobiles, motorcycles or athletes. A race track may also feature grandstands or concourses. Some motorsport tracks are called speedways.A racetrack is a permanent facility or building...
which charged admissions to people who placed bets on the races. Taylor (the Defendant) was a neighbour of Victoria Park
Victoria Park
- In Australia :New South Wales* Victoria Park Nature Reserve, a protected area in New South Wales* Victoria Park, Sydney, a park in the capital city of New South Wales* Victoria Park Racecourse, Sydney, a closed racecourseSouth Australia...
. Taylor built a platform on his land to view the races and odds being given at the track. Taylor broadcast this information to people participating in off-track betting
Off-track betting
Off-track betting refers to sanctioned gambling on horse racing outside a race track.-US history:...
. The Plaintiff argued that ticket sales were lower as a result of Taylor's broadcasts as people who had previously come to the track were now listening on the radio instead and Taylor was profiting at the expense of the plaintiff.
Judgement
The plaintiff argued for an injunctionInjunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
against Taylor on 2 major grounds:
1) Spectacle: The plaintiff argued that spectacle is property. He reasoned that the value of an object to the creator should be a factor in determining whether or not a thing should be recognized as property.
The minority judgement was one of support based upon the existence of underlying legal principles.
The majority of the court disagreed, however, stating that there existed no precedent for this argument and as such, spectacle should not be considered property.
2) Nuisance: The plaintiff argued that Taylor was acting as a nuisance
Nuisance
Nuisance is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir J. F...
, resulting in an unreasonable and significant interference with the plaintiff's use and enjoyment of property.
The majority disagreed, stating there to have been no nuisance as the act of looking over a fence does not interfere with the proceedings of a racecourse. The Court decided not to expand the categories of nuisance.
The plaintiff also suggested privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
and non-natural use of property as possible foundations for injunction. These arguments were dismissed.
Lasting Ramifications of This Case
The test for 'Nuisance' is established: Nuisance is the ‘unreasonable and significant interference with the use and enjoyment of the property’; the act of looking over and broadcasting events taking place within the fence does not qualify.Spectacle as Common property: for those that can see and report the spectacle from their own land, the spectacle has become common property. A ‘Spectacle’ is not private property
Private property
Private property is the right of persons and firms to obtain, own, control, employ, dispose of, and bequeath land, capital, and other forms of property. Private property is distinguishable from public property, which refers to assets owned by a state, community or government rather than by...
.