DS v XT & UT [2023] NZDT 733 (17 December 2023) [pdf, 205 KB]
...properties. While DS was overseas XT pruned, or caused to be pruned, a 6m high Pohutukawa tree on DS’s property, destroyed a clematis growing on it and damaged a trellis situated on top of the fence. DS alleges this was done without her consent or request while XT states that DS requested the service which was provided through his company, S Ltd. DS now claims for damages being an arborist’s report, 2/3 the value of the tree, remedial pruning, the value of the clematis, the broken tr...