30 Aug 2006
HILTON-JONES V CARTER AND ANOR HC AK CIV 2006-404-626
- Citation
- openlaw-f341ac3a_3558_4a79_b60b_4697898a5616.pdf
- Court
- High Court
The appeal is dismissed. The High Court held the District Court Judge had jurisdiction under s129C(8)(b) because there was evidence of present diminution of enjoyment; the Judge was entitled to impose a control zone though not specifically pleaded because s129C(5) permits any fair and necessary order; consideration of the rear yard size was a relevant factor in the hardship balancing and not given excessive weight; District Plan/building possibilities were hypothetical without evidence and thus properly not relied on; there was no mistake of fact as to Mexican Alder heights and the Judge did…