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The Court of Appeal dismissed an appeal in a proprietary estoppel claim over a City water lot, holding there was no clear assurance or reviewable error.
The court denied conversion of a petition to an action and refused cross-examination, finding the claimed implied easement unnecessary and the record sufficient.
Assessment of special costs after trial in a neighbour dispute. The registrar awarded the plaintiffs $335,000 inclusive of taxes and disbursements and declined further document production.
The court awarded compensation for a driveway encroachment, including survey, appraisal, wall, legal, loss of value, and loss of use costs, and granted an easement on payment.
The court dismissed a stay application, holding the petition over Easement K should proceed despite a parallel Ministry water licence process.
The court granted an easement for a longstanding deck and carport encroachment, refused removal, and set compensation at $19,429, with limited leave regarding a hydro meter.
The court dismissed MRRUC’s claim to a continuing easement and allowed RRID’s petition to cancel the expired 1999 easement, finding no necessity, estoppel, or implied permanent right.
Court determined post-judgment costs after a summary trial on an easement dispute, rejected the effect of a formal offer, and awarded plaintiffs $5,600 in lump sum costs.
Conversion granted: the court found the presumption favoring an application did not apply given increased number of witnesses, materially amended pleadings, interpreter requirement, and realistic hearing length exceeding four days; on that basis and considering proportionality under CPR 1.01 and Rule 6, the Respondent satisfied the onus to convert and the proceeding will continue as an Action.
Source excerpt
The lease read with the Fogarty Plan and surrounding circumstances evidenced an express grant of a permanent easement over Parcel E1 to benefit 280 North Street (terminating only if the parcel became a public street); alternatively proprietary estoppel established an equitable easement; the defendants' placement and prolonged retention of seacans constituted an actionable nuisance for which special damages and modest punitive damages were awarded; the waste counterclaim failed.
Source excerpt
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