22 Nov 2007
RANGATIRA FORESTS LIMITED V TRANSIT NEW ZEALAND HC WN CIV-2006-483-199
- Citation
- openlaw-d30d17d3_1849_495f_ac87_862ad6f6fcc2.pdf
- Court
- High Court
The Court held that Transit was estopped by its pleading from denying Rangatira's possession of the small areas, but that the damage caused by the formation of the highway fell within the protection of Public Works Act 1981 s60 (applying Nobilo), so common law monetary remedies were not available; the Court therefore granted a limited declaration of trespass (use of section 19 up to 22 November 2007) and dismissed the plaintiff's damages claims.