3 Jun 2021
NOTTINGHAM FOREST TRUSTEE LIMITED v UNISON NETWORKS LTD [2021] NZCA 227
- Citation
- [2021] 3 NZLR 823
- Court
- Court of Appeal
The Court of Appeal dismissed the appeal and cross-appeal: it held Nottingham Forest strictly liable in private nuisance for allowing a state of affairs (mature trees planted and allowed to grow within falling distance of Unison's pre-existing line) that caused recurrent, foreseeable physical damage and unreasonable interference with Unison's proprietary interest in the line; however Rylands v Fletcher did not apply because commercial forestry is an ordinary use of rural land and not a 'non-natural' use; negligence was not established and injunctive relief was unnecessary after trees were rem…