Grainger v Rossendale Holdings Ltd - [1989] 2 NZLR 389

Fences and boundaries — Adequate fence — Fence was erected to restrain horses and did so — Occupier placed sheep on land which trespassed through fence on to neighbour's land — Whether fence which was adequate for its intended purpose became inadequate when occupier on one side introduced livestock which it was not intended to confine — Fencing Act 1978, s 2.

Tort — Trespass — Stock trespass — Fence was erected to restrain horses and did so — Occupier placed sheep on land which trespassed through the fence on to neighbour's land and caused damage — Whether fence which was adequate for its intended purpose became inadequate because stock owner introduced sheep on one side — Whether stock owner was entitled to protection of Impounding Act if he changed use of land without giving adjoining occupier a reasonable opportunity to protect himself — Whether stock owner was liable for damage — Impounding Act 1955, s 26.