Gray & Ors as Trustees of the John Gray Family Trust v Lay [pdf, 300 KB]
...entitled to claim anything outside the narrow parameters set by the “physical repair work”, he says that s.42(1) has no bearing on the matter of jurisdiction. 5.3.11 After the hearing was concluded I was provided with a copy of a judgment by Judge F W M McElrea in the Auckland District Court in Waitakere City Council v Smith (CIV 2004-090-1757, dated 28 January 2005). Counsel alerted me to this case which had been argued before Judge McElrea at the same time as closing sub...