French v Auckland City Council explained

French v Auckland City Council
Court:High Court of New Zealand
Date Decided:10 August 1973
Full Name:French v Auckland City Council
Citations:[1974] 1 NZLR 340
Judges:McMullin 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

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

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

Notes and References

  1. Book: Butterworths Student Companion Torts . 4th . McLay . Geoff . LexisNexis . 0-408-71686-X. 2003 .