Nicholls v Nicholls - Koromatua 3A (2017) 154 Waikato-Maniapoto MB 128 (154 WMN 128) [pdf, 418 KB]
...Court and, instead, the finding was that the respondents were unlawful occupiers. Secondly, he says that there can be no implied contract between the applicants and the respondents as the Court found that the respondents had no “right, title or licence” to be on the land. Mr Kahukiwa, seemingly in contrast to his earlier arguments, argued that on that basis a trespasser cannot be sued for damages for use and occupation. [25] Finally, Mr Kahukiwa argued that the applicants’ r...