CREATING A NUISANCE

Otago Daily Times, Issue 22025, 7 August 1933, Page 8

CREATING A NUISANCE

CITY CORPORATION’S LIABILITY

SUPREME COURT JUDGMENT.

(Per United Press Association.) WELLINGTON, August 5,

“ The evidence clearly proves that for years the corporation has been aware that the tank is not in good order because of the population it served having Increased beyond its capacity. It couvenanted to keep it in good repair and it has broken that covenant. Plaintiff is privy to that covenant and has a remedy for the breach. I come, therefore, to the conclusion that both as a freeholder and as a leaseholder he has the right of action.” So said Mr Justice Ostler in a judgment delivered today in the case of John Allan Kirkcaldie against the City Corporation with reference to a nuisance created by an effluent from the corporation’s Knrori septic tank.

His Honor said that the plaintiff had made out a case for an injunction, but he would postpone granting an immediate one in order to give the corporation an opportunity to bring an appeal if it so desired at the next sitting of the Court of Appeal, or to make some satisfactory arrangement for an abatement of the nuisance.