Mackfall v Beattie HC Wellington CIV 2011-485-0082 [2011] NZHC 186 (7 March 2011)

Last Updated: 28 May 2011

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

_{CIV 2011-485-0082}

BETWEEN STEPHEN MACKFALL Appellant

AND GORDON BEATTIE AND KATHRYN BEATTIE

First Respondent

AND PORIRUA CITY COUNCIL Second Respondent

AND STOCKLAND LIMITED Third Respondent

AND DAVID KEITH SMITHSON Fourth Respondent

AND INSPECT IT 1ST LIMITED Fifth Respondent

AND GRANT MORRISON BENNETT Sixth Respondent

CIV 2011-485-205

AND BETWEEN PORIRUA CITY COUNCIL Appellant

AND GORDON BEATTIE & KATHRYN BEATTIE

First Respondent

AND STOCKLAND LIMITED Second Respondent

AND STEPHEN MACKFALL Third Respondent

AND INSPECT IT 1ST LIMITED Fourth Respondent

AND DAVID SMITHSON Fifth Respondent

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

March 2011

AND GRANT 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