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