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Davis and Another v Lethbridge and Another - [1976] 1 NZLR 689

$30.00

High Court Wellington
25 November 1975; 17 February 1976
Mahon J
Water and water control — Drainage and drainage rights — Surface water naturally flowing from higher to lower land — Wall built diverting natural flow to different area — Land filled to height of wall and water reverting to its former natural flow.
Tort — Nuisance — Waters and waterways — Water flowing naturally on to plaintiff's land from adjoining land — Flow diverted by a wall — Land subsequently filled to level of top of wall and natural flow resumed its former course — Technical nuisance not actionable unless harm sustained reasonably substantial.

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