7 Aug 2013
BOWIE, TAYLOR ASSOCIATES TRUSTEE COMPANY LIMITED and INDEPENDENT TRUST COMPANY (2011) LIMITED as trustees of The Bowie Trust v WEYBURNE [2013] NZHC 1728
- Citation
- [2013] NZHC 1728
- Court
- High Court
The defendant gave a clear, personal undertaking to take all reasonable steps to end the leakage nuisance; evidence showed prolonged failure to effect remedial works and reliance solely on Body Corporate action; the breach of the undertaking was deliberate and wilful and therefore constituted contempt warranting a fine and indemnity costs, together with monitoring orders.