15 Aug 2016
QUEENSTOWN CENTRAL LTD v MARCH CONSTRUCTION LTD [2016] NZHC 1884
- Citation
- [2016] NZHC 1884
- Court
- High Court
The fill remained a chattel (not part of the land) because an informed objective assessment including the resource consent and purpose of placement showed the land served as storage for the fill; March acquired ownership under the Fill Ownership Agreement and publicly asserted and registered that interest; March is therefore liable in trespass to QCL for keeping the fill after reasonable notice revoking any licence and must remove it; the November 2011 transfer to Collins Road Developments Ltd was a device to avoid liability and does not relieve March; mesne profits are payable from expiry of…