New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Boundary realignment

Legal area

Court

24 Jun 2016

AHURIRI AND ORS v ETHEREDGE [2016] NZHC 1390

Citation

[2016] NZHC 1390
Court

High Court

Costs lie where they fall from commencement to the close of the first hearing on 27 November 2013; from February 2014 the plaintiffs were the successful parties on the outstanding issues and are entitled to scale costs for that period ($19,999.50) uplifted by 20% for the defendant's unreasonable late conduct, resulting in awarded costs of $23,999.40; plaintiffs are entitled to recover specified disbursements (as adjusted), with hearing fees from 2013 to be shared equally.
1 Dec 2014

AHURIRI and ORS v ETHEREDGE [2014] NZHC 3031

Citation

[2014] NZHC 3031
Court

High Court

The Buckton plan realignment is just and equitable under ss 339-343; the proposed building sites must be allocated to K3A because joint owners have reasonable and evidenced expectations to enable potential dwelling sites; the unconsented Tahitahi house is excluded from valuation and the respondent cannot belatedly change valuation stance after close of evidence; the occupancy right gave no compensable loss once merged into legal title; K3B exceeds K3A by $21,000 so respondent must pay equalisation compensation of $10,500; partition costs to be shared equally.