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French v Auckland City Council

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French v Auckland City Council
CourtHigh Court of New Zealand
Full case name French v Auckland City Council
Decided10 August 1973
Citation 1 NZLR 340
Court membership
Judge sittingMcMullin J
Keywords
negligence

French v Auckland City Council 1 NZLR 340 is a cited case in New Zealand regarding land based nuisance claims in tort.

Background

French leased some land in Glendowie. Auckland City owned some of the neighbouring land.

Initially, both parties land were infested with weeds, until French started a weed eradication program, whilst the council did not.

As a result of the weeds on the council land, their seeds continually reinfested French's land.

Eventually, French sued the council for nuisance.

Held

The court awarded French $799.39 in damages for weed eradication.

References

  1. McLay, Geoff (2003). Butterworths Student Companion Torts (4th ed.). LexisNexis. ISBN 0-408-71686-X.


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