The plaintiffs brought an action for damages and injunctive relief in nuisance against their neighbours, alleging that smoke and odour from the defendants' outdoor wood burning furnace interfered with the use and enjoyment of their property.
The plaintiffs suffered from severe, pre-existing respiratory illnesses.
The court applied the two-part test for private nuisance from Antrim Truck Centre, finding that while the interference might be substantial given the plaintiffs' special vulnerabilities, it failed the objective test of being unreasonable to an ordinary occupier.
The action was dismissed.
