7 Feb 2017
The sale agreement was not discoverable because it was not relevant under r 8.7: it could not affect Kiwi Trustee Ltd's enforceable rights under registered easements nor materially affect the pleaded causes of action or measure of damages, and it was unnecessary to determine occupation for nuisance liability.
25 Jun 2014
The application for special leave to appeal was dismissed because the costs award was a legitimate exercise of the District Court's broad discretion—respondents achieved meaningful success by obtaining injunctive relief and damages and the settlement analysis supported a costs award—and the issue did not meet the threshold for a second appeal under s 67 Judicature Act 1908.
3 May 2013
The Supreme Court granted leave to appeal and cross-appeal and formulated two questions for determination: (a) whether the Body Corporate and Theta are liable in nuisance and, if so, on what basis; and (b) what orders, if any, should be made as to damages. The Court did not decide the substantive issues at this stage.