23 Dec 2019
BARRY PARK INVESTMENTS LTD v JOHNSON [2019] NZCA 686
- Citation
- (2019) 20 NZCPR 680
- Court
- Court of Appeal
The Court upheld the High Court finding that the wall is a wrongly placed structure under s321(a) because, on the balance of probabilities and applying a function/purpose test, the wall was likely built to provide a level building platform for No 22 and thus materially lies on land other than that intended; trespass was established and the Court has power under ss323‑325 to order removal and allied relief, but just and equitable allocation of removal costs must account for historical existence, predecessor survey failings, benefits to respondents and disruption to owner — accordingly orders w…