Home' The Mirror Queenstown Lakes : September 5th 2012 Contents 5.9.12
lakes district news
Daniel Judd and Johan Hausen,
Meridian Master Acupuncture, N.Z.
Registered Practitioners working close
to you in Alexandra, Cromwell, Frankton,
Arrowtown and Queenstown.
Ph (03) 442 8190 or (03) 445 3222
to make an appointment.
Janet Copeland Law provides
law advice to assist you with:
• Drafting and reviewing
• Interpreting and applying
• Navigating disciplinary and
• Resolving employment
• Planning and implementing
restructuring and redundancy
Providing the Lakes District and Central
Otago with practical, peace of mind
Stacey Campbell, Solicitor, Queenstown
13 Camp Street, Queenstown
T: 03 450 1817 M: 021 272 1147
Your employment lawyers
Apartment buyers lose case
Judge rules in favour of Marina Baches developer
By JOHN EDENS
Property firm Wensley Develop-
ments has landed a payout from
would-be apartment owners after
a multimillion-dollar project on
the shore of Lake Wakatipu failed.
The troubled firm, in liquidation
since April last year, was behind
the $37 million, 27-unit Marina
Baches developments at Frankton
marina in Queenstown.
Justice Graham Lang in the
Invercargill High Court ruled in
favour of another Wensley firm,
875 Frankton Rd.
That company successfully coun-
terclaimed against Philip and
Julie Tompkins, who entered into
an agreement to buy an apart-
ment and two car parks in 2007 for
$1.23 million from Wensley Devel-
opments The Marina.
Wensley called for settlement in
December 2008 but by February
the Tompkins wanted to cancel
the agreement, claiming contrac-
Wensley did not accept but in July
2010 cancelled the agreement and
in October sold the apartment to
875 Frankton Rd for $535,000.
The Tompkins applied to the High
Court seeking relief, a declaration
they validly cancelled the contract
and that Wensley and a salesman
breached fair trade laws.
875 Frankton Rd counterclaimed
based on the loss incurred when
the apartment was resold.
The judge largely rejected the
Tompkins' claims, which
included misrepresentation of a
two-key split-apartment option,
noise, size, the proposed marina,
lake views and building manage-
ment. He held that two statements
by Wensley were misrepresentat-
ive, one saying the Queenstown
Lakes District Council was com-
mitted to spending $700,000 on
landscaping and the second,
which stated the apartment size in
a glossy brochure.
''None of the grounds advanced by
the Tompkins justify the court
making a declaration that they
validly cancelled the agreement.''
During the dispute the value of
the apartment fell. A revaluation
in January 2009 was $840,000 and
another was $700,000.
The overall apartment complex
ran into trouble and many other
buyers were unwilling or unable
to settle, leading to Wensley facing
increased pressure from funders
to take a firm line with defaulting.
Wensley's counterclaim was
based on being forced to sell the
apartment at a loss.
Twenty-one apartments were val-
ued at between $500,000 and
$575,000 in early 2010 amid a
faltering property market, forced
sales, the number of apartments
for sale, the global economic
downturn and negative publicity
about managed apartments.
However, the court was satisfied
Wensley's steps to mitigate loss
were reasonable and ordered
payment by the Tompkins to 875
Frankton Rd of $176,449.
He ordered $23,000 to be paid to
the Tompkins for compensation
under the Fair Trading Act.
Costs were also payable to 875
Frankton Rd, one of a group of
companies run by Ross Wensley,
his daughter Julie Jack and son
By BROOKE GARDINER
School head boy
his peers in a
the school haka
INSET. -- Reins taken: New principal Steve Hall addresses the school.
Photo: TOMM ARMSTRONG
New Wakatipu High School
principal Steve Hall received a
warm welcome from the school
on Monday with a powhiri, haka
and assembly held to celebrate
his highly anticipated arrival.
The welcome was somewhat of a
homecoming for the former
Wakatipu High teacher whose
most recent role was chief
executive of the Halberg Trust.
Having beaten 24 other candid-
ates, six of whom were shortlis-
ted, there is little doubt all eyes
will be on Mr Hall as he takes
the reins of the troubled school,
but board of trustees chairman
Alistair Nicholson urged the
community to be patient.
''We were looking for somebody
who would lead this school and
bring about change,'' he said,
before adding that over the past
two years he had learnt the role
of principal was one of the most
difficult in the community and
Mr Hall had a big job ahead.
While the board was confident it
had the right man for the job,
Mr Nicholson asked for patience
while Mr Hall settled in.
''It is our plan to turn what is a
very good school into a great
SHORT AND SHARP
Coach sports new do
Queenstown swimming coach
Frank Wylie gets a mohawk --
-- after he
hairdo if they
goals at the
South Island Championships
held in Timaru at the
weekend. Read more on their
success on page 5.
De-sex your moggy
Queenstown Cat Rescue has
set aside more than $1500 to
de-sex cats in the Wakatipu
and Cromwell areas for free
in September. To get a
voucher call Ruth 442 8996
or 027 208 3725.
Cameras to stop
CCTV cameras will be used to
stop able-bodied people
illegally using mobility parks
on Arrowtown s main street,
Buckingham St, after being
cleared by a Queenstown
Lakes District Council
New roof for hall
A milestone in the
Queenstown Memorial Hall
upgrade was reached
yesterday, when cranes
removed the old stage roof
and put up the new steel roof
structure in its place.
This will strengthen the
building and lift the roof
above the stage to provide
more space for sets and
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