Published On Oct 25, 2022
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ELEMENTS:
1. State of affairs caused
2. Unreasonable interference use and enjoyment of Pās land (i) if direct always unreasonable (ii) effects senses look at factors
3. From the Dās land (negligence emanating)
4. And caused damage to Pās land (airspace, substrata)
Defences?
Remedies for damage reasonably foreseeable
CASES CITED:
Matheson v Northcote College [1975] 2 NZLR 106
Sedleigh-Denfield v O'Callaghan [1940] AC 880
St Helens Smelting Co v Tipping [1865] 11 HLC 642
Bank of New Zealand v Greenwood [1984] 1 NZLR 525