SM v UU Ltd [2022] NZDT 159 (15 December 2022) [pdf, 159 KB]
...seen in the water tank. CI0301_CIV_DCDT_Order Page 3 of 6 [17] NC provides other explanations for the damage including direct action by third parties trying to steal water or other nefarious reasons to be on top of SM’s water tank. NC later formed the view that the more likely explanation is subsidence. NC has visited the property and notes the water tank is by a bowed retaining wall, likely placed on fill rather than a firm base as recommended, and the wall of the tank has pulling...