Application for injunction — drainage — discharge of water — surface water — nuisance — Bailey v Vile [1930] NZLR 829 — Davis v Lethbridge [1976] 1 NZLR 689. The applicants sought an injunction against their neighbours, the respondents, in respect of drainage issues and surface water. The court set out the law as it related to surface water in New Zealand. In answer to whether the surface water running over the land was a nuisance that the applicant had the right to have abated by the neighbour, it was found that as the issue had not suddenly arisen and that there had been no changes to the contour of the land nor had there been any other improvements made to the neighbouring land that increased the natural flow of surface water, the flow of water was consistent and it was only that the use of the land by the applicant that had changed. The claim was found, therefore, to fail and costs were to be assessed on a s 2B basis. Judgment Date: 17 November 2017.