1 Oct 2007
GREY DISTRICT COUNCIL V GORDON ALLAN GRAHAM HC CHCH CIV 2006-485-001131
- Citation
- openlaw-c4c4fdda_da1c_43c8_a02b_a100cc785e98.pdf
- Court
- High Court
The Court found the Council's legal right to the Taylorville-Blackball Road was established by implied dedication and statutory vesting, and Westpower's transmission line qualified as existing works lawfully installed and protected by the Electricity Act; given the defendant's prior deliberate destabilisation of a pole and ongoing threats, there was a real risk of future interference, so a permanent quia timet injunction restraining excavation or withdrawal of surface support was warranted.