$100 COSTS ALLOWED

Press, Volume CVIII, Issue 31782, 12 September 1968, Page 8

$100 COSTS ALLOWED

Withdrawal Of Appeal Costs of $lOO were awarded against an appellant whose appeal to the Town and Country Planning Appeal Board yesterday was withdrawn at his own request. The appellant was Mr R. R. Bushby, owner of motels at 49 Papanui Road (Mr D. M. Palmer), who appealed against a City Council approval for Mr P. S. Orr (Mr N. W. Williamson) to construct motels at 72 Papanui Road.

When Mr Palmer asked for withdrawal of the appeal, Mr Williamson said he agreed to this, but would ask for costs, although he appreciated that these were granted only in exceptional circumstances.

“They are very seldom asked for,” said Mr J. H. Luxford, a board member. “If ever there was a case for costs, this is,” said Mr Williamson.

The appeal lodged by Mr Bushby had had the effect of making Mr Orr pay three additional monthly payments of $lOO to the vendor and to lose Christmas business through having the building of the motels delayed, said Mr Williamson.

It was clear that the original objection was on the grounds of business competition, and to appeal on those grounds was an abuse of board procedure, he said. It was fair to say that the appeal essentially boiled down to competition, but Mr Bushby was concerned at excessive competition (there is another block of motels at 54 Papanui Road) and that the concentration would mean that nobody made money, said Mr Palmer.

In withdrawing the appeal, the chairman (Mr J. W. Kealy, S.M.) said it was a very clear case where costs should be awarded against the appellant.