Cattell v Auckland Council (HC)

This is a claim arising from earthworks undertaken on council reserve land. The claimants alleged that the drainage system installed in a battered slope was defective and/or poorly maintained which caused movement in the claimants’ land and damage to the house on the property and their driveway turning bay.

We successfully defended the council from the negligence claim due to an affirmative defence of limitation and although the council was found liable in nuisance, it was only for the damage to the concrete driveway turning bay and not for the more expensive damage to the house (which was found to be caused by something separate from the work done in the reserve).