Judge says 'enough is enough' over Remuera letterbox dispute

Photo / RNZ

By RNZ

The Court of Appeal has turned down a bid to hear a grievance over a busted Remuera letterbox.

One of the parties subdivided their land in 2013, selling it to the second party.

The saga began in 2015 when a building contractor employed by the original owner of the land damaged a brick pillar which contained their new neighbour's letterbox.

The contractor replaced the pillar, however it did not contain a letterbox.

The people whose letterbox had been damaged then commenced proceedings in the District Court, to do with the lack of a letterbox. They also wanted the original owners to pay half for a new boundary fence and applied unsuccessfully to add a further cause of action in defamation.

The judge ruled in favour of the neighbours with regard to the letterbox, but not the fence. He however reduced the costs payable to them by 55 percent.

The original owners, who had since sold their property by this stage, appealed to the High Court over the costs they had to pay. The High Court rejected the application.

In the High Court decision to dismiss, Justice Lang said the dispute should never have come before the courts.

"It has already required a disproportionate commitment of judicial and institutional resources. The only matter now outstanding is a costs award amounting to approximately $24,000.

"I do not consider there is any justification for devoting more resources to that issue."

He went on.

"Enough is now enough. I suspect the litigation costs [original owners] have incurred over the last six years would have built several fences, gates and letter boxes.

"The inevitable cost and delay involved in a further appeal to the Court of Appeal solely on the issue of costs is plainly not justified. The parties and the courts now need to move on to more worthwhile and cost-effective endeavours."

However, the original owners of the property tried again in the Court of Appeal.

In a judgement released yesterday the court declined to hear the appeal.

- RNZ