(Oral)

Gopal Sri Ram JCA delivering judgment of the court:

This is the judgment of the court.

This appeal arises from an order assessing damages in tort under what has come to be known as the rule in Rylands v. Fletcher[1968] LR 3HL 330. For convenience we will refer to the parties according to the title assigned to them in the court below. This is the defendant's appeal.

The plaintiff and defendant are neighbours. The defendant's land is on an elevated plane. The plaintiff's adjoining land is on a much lower level. The defendant conducted some activities on its land. Earthworks were involved. There was a mudslide. Earth from the defendant's land was deposited onto the plaintiff's land. From the evidence it appears quite clearly that the soil deposits were considerable. The plaintiff launched an action in which it sought, inter alia, a mandatory injunction and damages. The trial judge found for the plaintiff. She held the defendant liable under the rule in Rylands v. Fletcher. But she denied the injunction. She then directed assessment of damages be conducted by the registrar. In the proceedings before the registrar some evidence was called. The evidence recorded by the le