Cousins v Wilson - [1994] 1 NZLR 463

Tort — Trespass — Sale of land — Purchasers not in possession — Adjoining owner removing trees and clearing bush — Whether continuing trespass — Whether purchasers entitled to sue for damages for trespass — Whether vendors entitled to sue for damages for trespass — Whether vendors entitled to nominal damages — Whether vendors entitled to exemplary damages — Prerequisites for award of exemplary damages.

Tort — Negligence — Sale of land — Purchasers not in possession — Adjoining owner removing trees and clearing bush — Adjoining owner allegedly negligent for not inquiring as to position of boundaries of land and/or ownership of land — Purchasers suing in trespass and negligence — Trespass established — Whether also entitled to sue in negligence.

Damages — Exemplary damages — Sale of land — Adjoining owner removing trees and clearing bush — Vendor suing for damages in trespass — Trespass established — Award of nominal damages — Whether vendors also entitled to exemplary damages — Prerequisites for award of exemplary damages.