31 May 2010
DUNCAN AND ORS V TAYLOR AND ORS HC AK CIV 2007-404-296
- Citation
- openlaw-10dcde8b_050d_450d_86d7_0d04815b7689.pdf
- Court
- High Court
The house and associated works fell within the definition of a 'wrongly placed structure' under s321 (including deliberate placement); the Court exercised the s323 discretionary power and granted relief to permit amendment of flats plans as just and equitable but refused a mandatory injunction for removal given the lapse of time, acquiescence and practical consequences; compensation under s325 was awarded to the owner defendants for appropriation of Area B, loss of development potential and loss of amenity in quantified sums; plaintiffs were not entitled to compel co-owner contributions to re…