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Clearlite Holdings Ltd v Auckland City Corporation and Another - [1976] 2 NZLR 729

$30.00

High Court Wellington
24, 25, 26 May; 20 August 1976
Mahon J
Tort — Nuisance — Essential factors — Private nuisance — Injury to plaintiff's land resulting from act on plaintiff's own land actionable without fault if risk of injury, however remote, is inherent in the conduct of the defendant — Damages awarded for loss of profits directly connected with the damage caused.
Tort — Joint tortfeasors — Statutory liability to contribute — Indemnity clause in contract between joint tortfeasors — Construction thereof — Law Reform Act 1936, s 17.
Damages — Immediate or proximate cause — Economic loss by loss of profits — Mitigation — Plaintiff's financial position not to be taken into account in evaluating options to mitigate damages arising from tort.

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