16 Aug 2016
DOOLEY v STURGESS CONSULTING LIMITED [2016] NZHC 1905
- Citation
- (2016) 18 NZCPR 400
- Court
- High Court
The Court applied the willing buyer/willing seller test under Jacobsen and the statutory framework (ss 328–330 and s329), accepted valuation evidence that legal access increased the plaintiff's property value by $200,000, applied 27% of that increase ($54,000) together with proven construction, conveyancing, grazing-diminution and pre-issue legal costs to reach reasonable compensation of $96,000, refused separate betterment and significant diminution awards where not proven, and ordered the right of way subject to agreed terms including a 25% maintenance contribution by the grantee.