Supreme Court rules on dispute over pile of dirt

A dispute over a heap of dirt has been settled by the land's highest tribunal.

Satish and Sunila Kumar signed an agreement to buy a Mangere Bridge section from Parsoa Bahramitash in 2003. Soon after, a third party dumped a large quantity of soil on the section, burying survey pegs.

The Kumars asked Mr Bahramitash to remove the soil or have the section surveyed and marked. If the soil wasn't removed, the Kumars would deduct compensation of $10,000 from the sale.

The section was surveyed and pegged on September 12 and the Kumars called on to settle in 12 days.

Mr Bahramitash gave notice to cancel the contract on October 1, but the Kumars went to the High Court which ruled it was Mr Bahramitash's obligation to remove the dirt, but his cancellation was valid. The Kumars had been right to tender a price less the cost of removing the soil, but failed to give a supporting quote.

The Court of Appeal ordered the sale to be settled less compensation of $2000. Mr Bahramitash then took the case to the Supreme Court, which dismissed the appeal but ordered the sale to proceed with interest from September 2003 to this July 5 to be paid to Mr Bahramitash.

The Kumars had been in a position to settle and Mr Bahramitash had been at fault by refusing settlement and cancelling the agreement, the court found. Mr Bahramitash was ordered to pay the Kumars $15,000 costs.

- NZPA