27 Sept 2023
ZHENG and HIBISCUS INDEPENDENT TRUSTEES 2008 LTD as trustees of the ZHENG FAMILY TRUST v LYNDON, LYNDON and ARCHER [2023] NZHC 2679
- Citation
- [2023] NZHC 2679
- Court
- High Court
A measured duty arose for the defendants from late October 2016 when they were on notice of alleged loss of production; the defendants breached that duty by dismissing and failing to investigate and mitigate root encroachment until August 2020; on the evidence root encroachment into the greenhouse was the likely major cause of reduced production and, after accounting for unreliable cash sales and apportioning one third for contributory negligence, the occupier Zheng Lu Holdings Ltd is entitled to NZD 45,278 damages plus prescribed interest; the defendants' counterclaim is dismissed.