16 August 2019

Debt: Harvey v. Tasman District

Seven years on and Tasman Council is chasing Richmond real estate agent Mike Harvey for water service connection fees due on his Mapua subdivision.
Mr Harvey claims he is not personally liable for $10,100 still owing on twelve water service connections booked in 2011.  It is the responsibility of his company Split Atom Ltd, he said.
Justice Churchman ruled Mr Harvey personally liable. Mr Harvey signed a council form asking for the connections.  He was described as ‘owner’ on the form though title to the land was taken in the name of Split Atom.  When signing, Mr Harvey did not negate personal liability by stating he was signing as agent for his company, making it Split Atom’s debt.
Alluded to in evidence was disaffection over a $278,400 development levy imposed by council on Split Atom.  In 2011, there was a moratorium in Mapua on new water connections to council water supply.  Mr Harvey’s connections to the water supply were conditional on Split Atom paying development costs. 
Harvey v. Tasman District Council – High Court (16.08.19)
19.149