22 March 2018

'The Block': Perry v. O'Neills Building Removals

As a television ratings winner, it had a sorry legal denouement: Brenda Perry purchased the house on 80 Anzac Street, Takapuna renovated as part of the first season of ‘The Block’in 2012.  The house was on land held by an insolvent company in liquidation and a secured creditor had claims over the house which was subsequently damaged beyond repair whilst being relocated to a new site on Waiheke Island.  Ms Perry was left to recover $163,800 in damages from two companies in liquidation, both insolvent, and from Jeremy O’Neill owner of O’Neills Building Removals.
In July 2016 Ms Perry agreed to buy 80 Anzac for $178,000.  This included the cost of relocating the house to Waiheke Island.  The High Court was told the house was not kept secure on site where a new development was then underway.  Fittings were damaged and stolen.  Decking and railings were removed.  O’Neills trucked the house to a temporary site in west Auckland.  It was further damaged by not being stored in a watertight condition.  Ms Perry cancelled the contract.  She sued Auburn Developments Ltd (as presumed owner of 80 Anzac), O’Neills Building Removals Ltd (responsible for the relocation) and Jeremy O’Neill (director and owner of O’Neills).  All three were barred from even being in court to defend her claim because of their failure to previously provide documents as ordered by the High Court.
Ms Perry was awarded $163,800 damages: the deposit she paid ($89,000); wasted expenditure for building consents and preparatory work on the intended Waiheke Island site ($49,800); and general damages ($25,000).
Companies Office records show Auburn Developments Ltd went into liquidation in 2008; O’Neills Building Removals Ltd in November 2017. Liquidators’ reports for both companies show there is little likelihood of payments for Ms Perry as an unsecured creditor.  The first Auburn liquidation report indicates Anzac Avenue was sold to an associated company for development four years prior to renovations on ‘The Block’ going to air.
Perry v. O’Neills Building Removals Ltd – High Court (22.03.18)
18.063