1 Aug 2017
OGLE AITKEN AND AITKEN [2017] NZHC 1799
- Citation
- [2017] NZHC 1799
- Court
- High Court
Trespass was established but a mandatory injunction to remove all encroaching soil was properly refused because removal was impracticable, the plaintiff failed to particularise the relief and damages in substitution were appropriate where warranted; nominal damages of $1,000 were appropriate given unintentional conduct and lack of loss evidence. Private nuisance was established as an ongoing risk of subsidence and a mandatory quia timet injunction ordering erection of an earth/gravity retaining wall, reshaping of the batter to 43 degrees and replanting within 58 Maratahu Street was an appropr…