31 May 2023
AUCKLAND COUNCIL v SAMSON CORPORATION LTD [2023] NZHC 1351
- Citation
- [2023] NZHC 1351
- Court
- High Court
The High Court concluded the Tribunal's large percentage benchmarking (reliance on Waterview as a binding template) was inappropriate; compensation must be grounded in HABU, credible market evidence and site-specific engineering assessment of covenant impacts. The Court substituted the Tribunal awards: Samson total compensation reduced to NZD 83,000 and YMCA total compensation reduced to NZD 858,400 (both inclusive of quantified acquisition and injurious affection components) and rejected claimed betterment on the evidence.