10 May 2021
AUSTIN v RENTREZI 2 LIMITED [2021] NZHC 1027
- Citation
- (2021) 23 NZCPR 77
- Court
- High Court
The easement's broad wording and plan-based grant meant the benefit passed to the subdivided lots; occupants' use of the right of way is authorised and not excessive so claims of continuing trespass and ongoing nuisance fail; however construction activities by Pragma (and Rentrezi) caused trespass and a nuisance during construction and defendants jointly liable for $20,000 general damages; resource consent does not immunise defendants from tort liability.