French v Auckland City Council

From Wikipedia, the free encyclopedia

French v Auckland City Council
CourtHigh Court of New Zealand
Full case nameFrench v Auckland City Council
Decided10 August 1973
Citation(s)[1974] 1 NZLR 340
Court membership
Judge(s) sittingMcMullin J
Keywords
negligence

French v Auckland City Council [1974] 1 NZLR 340 is a cited case in New Zealand regarding land based nuisance claims in tort.[1]

Background[edit]

French leased some land in Glendowie. Auckland City owned some of the neighbouring land.

Initially, both parties land were infested with weeds, until French started a weed eradication program, whilst the council did not.

As a result of the weeds on the council land, their seeds continually reinfested French's land.

Eventually, French sued the council for nuisance.

Held[edit]

The court awarded French $799.39 in damages for weed eradication.

References[edit]

  1. ^ McLay, Geoff (2003). Butterworths Student Companion Torts (4th ed.). LexisNexis. ISBN 0-408-71686-X.