Tina owned a house next to a cricket ground where a local Cricket Club played matches. Cricket balls…

Tina owned a house next to a cricket ground where a local Cricket Club played matches. Cricket balls hit out of the ground frequently landed on her property, and after complaints the Club decided to erect a chain link fence. This improved matters as less balls were now flying onto the Tina's property but it did not fully solve the issue as some still got through. The Club offered Tina to pay for any damage done or injuries received as a result of the balls landing onto her land, including fixing any broken windows and similar. Tina, however, refused all of the Club's offers and filed a case against the members of the Club alleging nuisance and negligence and requested Court to grant an injunction to prevent the Club from playing cricket on their ground. Tina argued that even though the Club offered to make good any damage and that there had been no injuries, she was not able to use her garden when matches were being played for fear of being struck by a cricket ball. Decide.