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French v Auckland City Council

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French v Auckland City Council
CourtHigh Court of New Zealand
Full case name French v Auckland City Council
Decided10 August 1973
Citation[1974] 1 NZLR 340
Court membership
Judge 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

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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

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

References

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