High Court Wellington
7, 25 June 1996
Salmon J
7, 25 June 1996
Salmon J
Practice and procedure — Striking out proceedings — Causes of action based in nuisance and the rule in Rylands v Fletcher — Whether possession or occupation of land a common feature of action in nuisance — Basis of rule in Rylands v Fletcher — Whether plaintiff's action must be based on right to use land.
Practice and Procedure — Striking out proceedings — Causes of action based in negligence and breach of statutory duty — Principles applicable — Material time at which cause of action arose — Whether pleadings capable of amendment.
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