High Court: a) grants declaration that soil removed from the defendants lands was in the lawful possession of the plaintiff; and b) grants injunction restraining the defendant from communicating with third parties alleging criminal behavior on the part of the plaintiff.
Claim for declaratory and injunctive relief against former neighbour – allegations of wrongdoing and criminal behaviour made against plaintiff – removal of topsoil without payment – claim for payment made and struck out – allegations made to various third parties including statutory bodies and business associates – whether topsoil constituted “goods” rather than real property – whether topsoil removed in good faith – tort of injurious falsehood.