Problem
David and Lena had lived in their house in Ermington, Sydney, for 15 years. They have neighbours on both sides and one at the back. Up until now they had had no problems with their neighbours.
Last year the house bordering the right side of their property was sold, and the new owners, Tanya and Fred, demolished the house and rebuilt. The builders start workearly in the morning, banging, drilling or sawing. This disturbs David and Lena, whose bedroom is on the ground floor of their house along this border. It wakes them up. This is planned to continue for eight months, Monday to Saturday, until the house is built.
Provide advice about any relevant civil causes of action in Tort available on these facts. Refer only to materials you have studied in this subject. Include in your answer advice as to whether the causes of action will be successful (considering any arguments and counterarguments), any possible defences, and remedies.