New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Access to neighbouring land

Legal area

Court

21 Feb 2020

BODY CORPORATE 328392 v NORTHERN TRUSTEE SERVICES (NO. 145) LTD [2020] NZHC 235

Citation

[2020] NZHC 235
Court

High Court

The court, exercising its power under ss 319 and 320, will authorise entry by the applicant's contractors to erect scaffolding and undertake remedial works on specified terms including notice, a Method Statement, maintenance of access, insurance, an unconditional indemnity to the respondent for losses, a $60,000 cash bond held by a stakeholder, and leave to return to court for amendments or disputed claims; speculative lump sum compensation for delayed redevelopment was declined as premature and recoverable only if proven consequential loss arises.
10 Apr 2019

SALIS v FILLEUL APARTMENTS JV LTD [2019] NZHC 766

Citation

[2019] NZHC 766
Court

High Court

The appeal was rendered largely otiose because the construction work requiring access was effectively complete; pragmatic and principled exercise of discretion under ss319-320 allows entry only where just and equitable and minimally intrusive, but given intervening events substantive relief was futile; accordingly the Court quashed the District Court costs order and directed costs in both courts to lie where they fall while otherwise dismissing the appeal.