Demolition stalled by court order

Justice Tim Brewer in Auckland's High Court granted the temporary injunction for work planned at the former Macdonald Halligan Motors building. Photo / Dean Purcell

Demolition of an Auckland building for a 46-level 150-unit apartment tower in the CBD has been stalled by a court order.

Justice Tim Brewer in Auckland's High Court granted the temporary injunction for work planned at the former Macdonald Halligan Motors building at 51-53 Albert St, the site of a planned new apartment building.

Simon Charles David Weil and Carl David Stougie, whose interests own the neighbouring 55 Albert St, won an ex parte injunction against KNC Construction.

"A party wall between premises at 55 Albert St [of which the plaintiffs are the registered proprietors as trustees] and 51-53 Albert St [of which the defendant is the registered proprietor] might be affected by demolition work scheduled to be commended by the defendant on Monday, June 13.

"In their statement of claim, the plaintiffs plead that the proposed demolition works breach the terms of the transfer instrument which sets out covenants in relation to the party wall. In particular, they plead that in breach of the transfer instrument, notification has not been given nor has consent of the plaintiffs been obtained," Justice Brewer said.

Even before the tower rises, the site is being advertised for sale, offering a 645sq m plot with "approved resource consent" for the huge project.

Kenny Ro, manager of Topia, which he said was related to KNC, said a tower was planned but would not be 46 levels. "We will reduce the floors to 34 or 36 floors. The underground carpark is also reduced."

The lawyer for KNC was discussing the demolition issue with the lawyer for the neighbouring building, Ro said.

"We have already got [resource] consent but we are preparing for building consent now," Ro said.

Kevin Sherlock, business manager of the neighbouring St Patrick's Cathedral, said adjoining property owners had issues with such a big project.