9 Feb 2023
LEWIS v HAMILTON COSMOPOLITAN CLUB INC [2023] NZHC 154
- Citation
- [2023] NZHC 154
- Court
- High Court
Leave to appeal was declined because the proposed appeal did not raise a matter of sufficient importance to justify further appeal; the High Court overturned the District Court because the District Court decided issues outside the pleadings and erred in finding a nuisance where the applicant only had a bare oral, revocable permission to cross the respondent's land, which could not found an actionable nuisance.