Suvarna Garge (Editor)

Clearlite Holdings Ltd v Auckland City Corp

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Decided
  
20 August 1976

Judge(s) sitting
  
Mahon J

End date
  
1976

Citation(s)
  
[1976] 2 NZLR 729

Location
  
New Zealand

Ruling court
  
High Court of New Zealand

Clearlite Holdings Ltd v Auckland City Corp

Full case name
  
Clearlite Holdings Limited v Auckland City Corporation

Clearlite Holdings Ltd v Auckland City Corp [1976] 2 NZLR 729 is a cited case in New Zealand regarding land based nuisance claims in tort.

Contents

Background

Auckland City arranged for their contractor to drive a tunnel under Clearlites factory in order to install a drainage pipe.

For reasons not stated, the tunnel caused the concrete floor to crack due to the soil subsiding 2 inches, which cost Clearlite $19,873.91 to fix.

After the council refused to reimburse them for the cost to fix their floor, Clearlite sued both Auckland City and the contractor for negligence as well as in nuisance.

Held

The court ruled that as the collapse was not the fault of the council or their contactor, the negligence claim must fail. However, the nuisance claim was successful as for nuisance cases, negligence is not required to be proved, merely foreseeability, and damages of $19,873.91 were awarded to Clearlite.

References

Clearlite Holdings Ltd v Auckland City Corp Wikipedia