Mackfall v Beattie HC Wellington CIV 2011-485-0082

[2011] NZHC 186

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV 2011-485-0082

BETWEEN  STEPHEN MACKFALL Appellant

ANDGORDON BEATTIE AND KATHRYN BEATTIE

First Respondent

ANDPORIRUA CITY COUNCIL Second Respondent

ANDSTOCKLAND LIMITED Third Respondent

ANDDAVID KEITH SMITHSON Fourth Respondent

ANDINSPECT IT 1ST LIMITED Fifth Respondent

ANDGRANT MORRISON BENNETT Sixth Respondent

CIV 2011-485-205

AND BETWEEN            PORIRUA CITY COUNCIL Appellant

ANDGORDON BEATTIE & KATHRYN BEATTIE

First Respondent

ANDSTOCKLAND LIMITED Second Respondent

ANDSTEPHEN MACKFALL Third Respondent

ANDINSPECT IT 1ST LIMITED Fourth Respondent

ANDDAVID SMITHSON Fifth Respondent

STEPHEN MACKFALL V GORDON BEATTIE AND KATHRYN BEATTIE HC WN CIV 2011-485-0082 7

March 2011

ANDGRANT BENNETT Sixth Respondent

CIV 2011-485-208

AND BETWEEN

GORDON BEATTIE AND KATHRYN BEATTIE

Appellants

AND

PORIRUA CITY COUNCIL First Respondent

AND

STOCKLAND LIMITED Second Respondent

AND

STEPHEN MACKFALL Third Respondent

AND

INSPECT IT 1ST LIMITED Fourth Respondent

AND

DAVID SMITHSON Fifth Respondent

AND

GRANT BENNETT Sixth Respondent

Hearing:

On Papers

Judgment:

7 March 2011

JUDGMENT OF RONALD YOUNG J

[1]      These  three  matters  are  all  appeals  from  a  decision  of  the  Weathertight

Homes Tribunal arising from Mr and Mrs Beattie’s house. [2]           I make the following directions:

(a)       hearing time:  two days is to be allowed for the appeals; (b)    costs category:  the costs category is 2B;

(c)      security for costs: given there are three appeals I consider no security should be required of any party;

(d)transcript:  I direct that a transcript of the hearing should be provided to the High Court from the Weathertight Homes Tribunal.  All dates therefore should run from the date on which the transcript is provided to the parties;

(e)      all parties are to provide points on appeal within 14 days of the receipt of  the  transcript.     I  acknowledge  that  Mr Mackfall  has  already provided detailed points of appeal and nothing further is required;

(f)      counsel for Mr Mackfall will draft and circulate to counsel for the other appellants a proposed index to the common bundle and chronology 21 days after the receipt of the transcript;

(g)counsel for Mr and Mrs Beattie and the Porirua City Council will advise of any amendments to the index of chronology within a further ten days after receipt of the proposed index;

(h)counsel for Mr Mackfall will prepare the agreed bundle of documents within  a  further  15 working  days  after  the  expiry  of  the  period referred to in [g] above.   The reasonable costs of doing so will be shared equally between the parties;

(i)each of the parties will file submissions within further 15 working days;

(j)submissions in response will be filed within a further 10 working days following the receipt of submissions.

Ronald Young J