MAARTEN HOLL / STUFF

The pictured Peter Aitchison and his wife Sylvia ultimately succeeded in getting the fence removed and receiving bills to cover at least part of their expenses. (File photo)

An attempt to cancel a $ 72,500 contract against the builder of a controversial Roseneath fence has failed again. And again and again.

In the recent Wellington High Court ruling, a judge told David Walmsley that it was exceptional for him to try to resolve the issue.

It had already been ruled in three courts and an attempt to try again would be “completely unfounded and constituted an abuse of process,” said Judge Karen Clark.

SCOPE OF DELIVERY

The Aitchison’s “million dollar view” was restored after the fence with the fortress on the border had to be demolished. (File photo)

The structure that made up the entire lawsuit was part fence, part gaming fortress on the border of two properties in the affluent suburb of Roseneath.

CONTINUE READING:
* The fence is gone, but a sense of injustice remains in the Wellington Neighbors’ yard saga
* The fence builder blocking view asks the court to reconsider the $ 72,000 cost against him
The Wellington fence saga continues as contractor appeals for $ 72,000
* Interest payers pay $ 41,000 for the Wellington fence saga

It blocked the expansive view of the harbor from the terrace of its uphill neighbors Peter and Sylvia Aitchison, and their action to have it removed was ultimately successful.

But Walmsley, who represented himself and a family business, continued to be upset that he ended up with a bill that added to Aitchison’s $ 72,500 spending when he “got the book” to get it to get council permission for the extensive fence-with-fort.

“I believe that because of his complaint, Mr. Walmsley may not be able to resist making further inglorious challenges. He must be stopped,” the judge said.

She followed the lead of the Court of Appeal, which has already ordered its office workers not to accept any further documents about the cost complaint. The judge issued an order that the High Court office should also refrain from accepting any further documents regarding the decision on the cost complaint.

Even so, it was a considerable amount that Walmsley had to pay. Aitchison’s attorney said they had to grapple with the problem and pay for lawyers for four years. The $ 72,000 was much less than its actual cost.

The judge has added another cost decision against Walmsley for an amount yet to be determined for the last unsuccessful lawsuit.

The post ,500 prices invoice for Roseneath fence case nonetheless stands, not like the fence first appeared on DECKSAND FENCES DAILY.