28 Mar 2019
BODY CORPORATE 329331 v ESCROW HOLDINGS FORTY-ONE LTD [2019] NZHC 600
- Citation
- (2019) 20 NZCPR396
- Court
- High Court
The Court authorised in principle the applicant's entry onto part of the neighbouring podium (at least the easternmost three metres) as just and equitable and necessary to erect scaffolding to effect required watertightness repairs, but declined to make a final s 320 order because mandatory particulars (detailed scope beyond three metres, Method Statement, structural evidence, quantities of plant/materials and draft conditions) were not sufficiently evidenced; the Court directed parties to file detailed evidence and draft terms within a timetable before a final order issues.