City told to pay legal fees

A court has ordered Auckland City to pay a developer $24,500 for legal costs in litigation over payments demanded on a luxury waterfront apartment project.

Symphony Group won the costs in a decision from Judge Laurie Newhook in the Environment Court after a case earlier this year.

The litigation was over financial contributions imposed by Auckland City on Symphony for The Parc apartments in the Viaduct Basin.

The council asked Symphony to pay the maximum 7.5 per cent of The Parc's construction costs, but in March, Judge Newhook cut that amount to 6.25 per cent. Symphony sought to pay 5.5 per cent.

After the March 3 court ruling, planning lawyer Richard Brabant went back to court for Symphony, claiming Auckland City should pay $40,954.86 to cover Symphony's legal fees and those of its witnesses.

Symphony said the council had erred in imposing the maximum reserve contribution on The Parc.

The council was unreasonable in its timing of payment demands, slow to concede points raised in court and its actions resulted in Symphony incurring significant costs, he said.

But the council claimed that it had made concessions to reduce the length and complexity of the court hearing.

Judge Newhook found the council treated Symphony unfairly, and he ordered the council to pay a large part of the developer's legal bill.