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.