Citation: UKPC 57
Nature of case: Mount Murray, before building houses, constructed a system of drains and sewers, together with a sewage treatment plant, and the sewers and treatment plant subsequently vested in the respondent Department of Transport. A partial connection from the sewer in the street, known as a tail pipe, was made into each house plot. This pipe ran underground to a point within the plot, the end being stopped up. When a house was built on a plot by Mount Murray or its successor in title Conrad Hotels Limited, the tail pipe was opened up and the house drains were connected up to it by a pipe termed a lateral pipe, so that foul and surface water and sewage could then discharge into the sewer.