Margaret and Keith Berryman are appealing an order to pay Defence Force costs of nearly $9000. Picture / Stuart Munro
The long-running battle between Keith and Margaret Berryman and the Army over a bridge collapse on their property went back to court yesterday.
The King Country couple's lawyer took on the Defence Force in the Court of Appeal.
In 1994 beekeeper Ken Richards was killed when the Army-built bridge leading
to the Berrymans' property collapsed and the couple have since been fighting against being held responsible.
Yesterday's appeal was against the order by Justice John Wild in the High Court at Wellington last May that the Berrymans pay the New Zealand Defence Force costs of nearly $9000.
The Berrymans' lawyer, Elizabeth Strachan, told the court the Army was not an innocent non-party.
She said the Army did not want the civil engineer's report, known as the Butcher Report, which determined why the bridge collapsed, to be used in a judicial review.
Ms Strachan said Justice Wild found that if the coroner had had the benefit of the Butcher and Court of Inquiry reports it was likely he would have attributed blame to the Army for faulty construction of the bridge.
Before making his decision the coroner had told the Army and the Berrymans he planned to make adverse comments about both parties and gave them the chance to make submissions.
"It was at this stage that the Army made false submissions. Impacted by these submissions, the coroner did not make adverse comments about the Army and a wrong determination was arrived at," Ms Strachan said.
Justices Grant Hammond, Robert Chambers and Mark O'Regan said they did not need to hear submissions from the Army. They reserved their decision.
- NZPA
