SCOPE OF DELIVERY

Peter and Sylvia Aitchison had a million dollar view restored when the neighbors fence or gaming area was removed after a lawsuit. (File photo)

The family, who were forced to remove a privacy fence in the Roseneath suburb of Wellington, are seeking a second appeal over the $ 72,500 legal fee they have been charged.

David Walmsley argued for himself and his mother in the appeals court on Monday.

The High Court has already dismissed an appeal against the costs the Walmsleys had to pay to Peter and Sylvia Aitchison, the uphill neighbors of their property, in the environmental court. The Aitchisons wanted almost $ 140,000.

MAARTEN HOLL / STUFF

The full height of the fence or fort dwarfed Peter Aitchison when he was on his balcony before the structure was removed. (File photo)

Walmsley went back to court and sought a second appeal. The court of appeal reserved its decision.

CONTINUE READING:
* Roseneath ‘fencer loses $ 72,500 in cost attractiveness
The Wellington fence saga continues as contractor appeals for $ 72,000
* The fenced-in Wellington couple will claim the neighbour’s expenses after winning the lawsuit
* Work has begun to dismantle a controversial privacy fence in Wellington, a suburb of Roseneath

After the hearing, Walmsley said his mother could have got millions into converting her family home into apartments, but it was worth more to her to have an open patch of lawn overlooking the harbor.

SCOPE OF DELIVERY

David Walmsley’s mother and grandchildren inspect the disputed border area in Roseneath. (File photo)

The fence, which also included a children’s play fortress, was built in 2015 on or near the border with the terrace of the Aitchisons and blocked their view. Adults standing on top of the building could see into the Aitchison’s apartment.

Previously, Walmsley had told judges that the costs ordered in the environmental court went well beyond the quarter, up to a third of the costs normally granted.

In a test case that he said was absolutely no reason to give any cost. The structure was built with the consent of the council and the council considered the impact on the neighbors, Walmsley said.

But Aitchisons attorney Andrew Cameron said it wasn’t a test case. It was a regulated area of ​​law and the judge had put it right.

The city council’s interpretation of the planning rules was wrong, said Cameron.

While the fence or fortress was in front of their apartment, the Aitchisons couldn’t live there.

Walmsley says that since the dispute remains unresolved for him, his family cannot live in their home.

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