23 Mar 2018
PILKINGTON AND ANOR v SINGH AND SINGH [2018] NZHC 512
- Citation
- [2018] NZHC 512
- Court
- High Court
The appeal was dismissed because the respondents had the appellant's consent to enter and maintain the common boundary drain and the evidence, including expert reports, did not establish a material departure from accepted best practice or a breach of duty causing the alleged damage; expert reports produced years later could not be taken as defining the contemporaneous conditional limits of consent.