26 Mar 2019
ANDERSON v DE MARCO [2019] NZHC 570
- Citation
- [2019] NZHC 570
- Court
- High Court
Under r 9.34 the plaintiffs were authorised to carry out the testing set out in the Wutzler report subject to protective conditions: testing may commence from 29 May 2019 within specified hours; plaintiffs must provide 21 working days' notice of the builder who will accompany the expert; defendant and his experts may attend; plaintiffs must immediately make good any damage in accordance with good trade practice; and exterior cladding removal was not authorised (interior removal permitted). This balance permits reasonable investigative testing while protecting defendant's property rights and a…