The Post

Woman loses $200k after failing to settle property deal

- Marty Sharpe Julie Jacobson

A woman who went unconditio­nal on the sale of a Kāpiti Coast property has learnt a costly lesson in the perils of failing to come through with the money.

The property was a lot in the planned Florian Kāpiti townhouse developmen­t at Paraparaum­u.

Lots in the 64-townhouse developmen­t were listed for sale in May 2021. The owner of the property at the time, Macquarie Trustee Ltd, entered a sale and purchase agreement with Georgina Watson the following month.

The purchase price for the property was $833,000. A deposit of $83,800 was to be paid by June 16, 2021, with the balance being paid on the settlement date.

Watson paid the deposit and the agreement was unconditio­nal from August 19, 2021. Work on the developmen­t got under way in March 2022.

Watson’s settlement date was June 20, 2023, but she failed to make the payment.

Macquarie issued a notice requiring Watson to settle by July 20 but, again, settlement did not occur.

A further urgent settlement request was made on August 1, but that also didn’t occur, so, on August 31, Macquarie entered into a new sale and purchase agreement with a new buyer, who purchased the property for $702,000. The agreement with Watson was cancelled.

In September last year, Macquarie took court action against Watson.

Macquarie’s sole director and shareholde­r Kurt Kerrison said the company had incurred a loss of $52,200, taking into account Watson’s deposit of $83,800, which it retained.

Kerrison said there were other costs incurred, including a $12,570 commission paid to a real estate agent, $6470.70 for marketing the resale, $10,456.01 for furnishing the property for resale, and $5072.17 for legal and council costs.

He also claimed $36,000 interest on the unpaid portion of the sale price, for the period in which settlement was not met.

The matter was heard by Associate Judge Andrew Skelton in the High Court at Wellington last month.

Watson was not represente­d in court. Skelton found Watson liable for damages resulting from her breach of contract in the total sum of $122,768.88.

That comes on top of the $83,800 deposit already paid, meaning the total cost of failing to meet settlement came to $206,568.88.

Watson could not be reached for comment.

First there were raised zebra crossings, at $150,000 a piece. Then there were “courtesy” crossings that weren’t, followed by go-slower speed humps and, in some places, speed cushions.

Wellington’s roads have become a traffic-calming engineer’s dream-scape, and nowhere more so than along the Glenmore St to south Karori corridor, where “vertical deflection devices” are being rolled out at pace.

Said one local on social media recently: “I think you can see them from space.”

“It is as though the local pre skool was let loose with a box of crayons down at the planning office ...” said another.

It’s an expensive box of crayons, and one that appears to have pedestrian­s and some at the Wellington City Council confused as to what exactly is being installed

Siobhan Procter, the council’s chief infrastruc­ture officer, said about $150,000 was budgeted for each raised pedestrian crossing, depending on location and installati­on requiremen­ts, with traffic management sometimes chewing up half of that.

One recently installed near Marsden School cost around $178,000, and another at the southern end of Karori Rd was about $125,000.

The asphalt platforms have an expected 15-year life span, as opposed to 40 years for concrete ones.

Alongside the raised zebra crossings, a plethora of “road furniture” and other trafficslo­wing measures have been laid out across the route. These include rubber cycle lane “defenders”, speed humps, speed cushions and pedestrian platforms, which are also called courtesy crossings in some council documentat­ion.

There is, however, a subtle difference between those last two, and one that could have dangerous consequenc­es.

Huntleigh Home and Retirement Village is understood to be planning a party to celebrate the installati­on of what the council’s February update calls a raised “courtesy crossing” at the intersecti­on of Karori Rd and Campbell St nearby.

However, the crossing in question is a pedestrian platform, as described in Waka Kotahi’s traffic control manual, not a courtesy crossing, as it sits flush with the kerb and is in the same material as the road surface, indicating pedestrian­s don’t have priority.

“On their own, they provide a focus for pedestrian­s to cross. However, pedestrian­s must still give way to vehicles,” the manual says.

A courtesy crossing’s colour and texture, on the other hand, should contrast with the road and footpath to indicate both users are “guests” over the crossing.

“Courtesy crossings are usually made of bricks or paving or raised above the level of the road. Courtesy crossings are intended to facilitate eye contact between pedestrian­s and drivers, resulting in a mutually negotiated position over who goes first.”

A visit to the site this week revealed confusion among users. Shalini Bahuguna and her daughter Janya Hindley-Bahuguna both thought the platform was a pedestrian crossing.

“It looks like a crossing, it feels like a crossing, so it must be a crossing,” Bahuguna said.

Another parent, Patrick Savage, said while it was an improvemen­t on no platform, it was somewhat ambiguous for both pedestrian­s and motorists.

Madhu Choudhury felt safer than she had previously as there was no step down from the kerb. While she also thought it was a pedestrian crossing, she believed it had made drivers more conscious of pedestrian­s. “It was really hazardous before.”

Meanwhile, new speed humps and speed cushions have been installed on sections of both the main road and in some side streets.

In some instances the cushions are less than the width of a standard vehicle, which one critic reckoned “sort of defeats the purpose”.

The Karori Connection­s route is one of Wellington’s more dangerous transport routes.

From 2011 to 2022, there were 318 reported vehicle accidents along the route, with 36 involving cyclists and 19 pedestrian­s.

Half of all reported pedestrian crashes – where a pedestrian is hit by a motor vehicle – in Karori Rd happened at pedestrian crossings, which was why it was important to make them safer, Procter said.

The raised crossings were lower than normal to allow better access for large vehicles, including fire trucks and buses.

Auckland Transport has ripped up a raised pedestrian crossing installed last year following noise complaints.

“We understand there is noise associated with the deployment of raised crossings,” Procter said. “However, this is minimised as much as possible by using longer departure ramps where possible.

“Speed humps and raised crossings have been used for several years to successful­ly modify speed and while there have been issues with noise, this has been generally accepted to achieve a safer environmen­t for all users.”

Procter said that since January, 46 trafficcal­ming features had been installed on the Karori Connection­s and Berhampore to Newtown projects.

Work on one of several raised crossings planned for Glenmore St is under way, while two more are planned for Karori Rd.

 ?? MONIQUE FORD/THE POST ?? A raised pedestrian platform at the intersecti­on of Karori Rd and Campbell St in Karori. Shalini Bahuguna and daughter Janya Hindley-Bahuguna both thought it was a pedestrian crossing.
MONIQUE FORD/THE POST A raised pedestrian platform at the intersecti­on of Karori Rd and Campbell St in Karori. Shalini Bahuguna and daughter Janya Hindley-Bahuguna both thought it was a pedestrian crossing.
 ?? ?? The Florian Kāpiti developmen­t at Paraparaum­u
The Florian Kāpiti developmen­t at Paraparaum­u
 ?? MONIQUE FORD/THE POST ?? Calm down – speed cushions in Chaytor St near Karori Tunnel.
MONIQUE FORD/THE POST Calm down – speed cushions in Chaytor St near Karori Tunnel.
 ?? MONIQUE FORD/THE POST ?? Cross now – a raised pedestrian crossing near Marsden Village.
MONIQUE FORD/THE POST Cross now – a raised pedestrian crossing near Marsden Village.
 ?? MONIQUE FORD/THE POST ?? Madhu Choudhury believes this pedestrian platform has made drivers more aware of pedestrian­s.
MONIQUE FORD/THE POST Madhu Choudhury believes this pedestrian platform has made drivers more aware of pedestrian­s.

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