New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Demolition

Legal area

Court

21 Feb 2020

BODY CORPORATE 78693 v GIBSON SHEAT SHELF COMPANY NO. 28 LIMITED [2020] NZHC 236

Citation

[2020] NZHC 236
Court

High Court

Costs were reserved because the substantive scheme hearing may render demolition necessary, meaning respondents may have delayed demolition unnecessarily; given the applicant's statutory duty and the prospects of a future scheme, there were special reasons to reserve costs rather than order them now.
17 Dec 2019

BODY CORPORATE 78693 v GIBSON SHEAT SHELF COMPANY NO. 28 LIMITED [2019] NZHC 3344 [17 December 2019]

Citation

[2019] NZHC 3344
Court

High Court

The application for immediate interim orders authorising demolition or compelling respondents to pay 80% of security costs is declined: s74(7) orders presuppose a substantive decision that a scheme be made, an interim substantive judgment settling a scheme is not appropriate on the present record, and the balance of convenience favours temporary security improvements and an expedited substantive hearing rather than irreversible demolition or large temporary works.