Judge Paul Brereton likened the rock to a “sword of Damocles” hanging over the property. He noted that the house was estimated to be worth $ 2.7 million to $ 3 million in its current state.
“I’m a little surprised,” Judge Brereton said. “I don’t see anyone buying it other than as a place, perhaps, to put up a tent, in a corner off the rock road.”
David Robertson, who ran for council, said the rock “has been in its current location for hundreds of years, possibly thousands of years” and Frost lived in the house for about 22 years “without the rock did not interfere at all with its use and enjoyment. ” of the property ”.
Robertson cited expert evidence that the rock fall would be an “event of one every 1,000 years,” but said no one could say when that risk would end.
An engineering report concluded that the rock would fall at some point, but it was not possible to put a period of time into it. The fall would have “significant” consequences, according to the report, “probably demolishing the existing house” and affecting pending properties.
The report said it was “certain” that the rock would hit Frost’s house when it fell, and if the house was occupied at the time, the death was also “certain.”
Robertson said the repair work would be “complex, difficult, dangerous and costly” and could cost more than the council’s initial estimates. He said that Frost found out about the existence of the rock before moving in and decided to occupy the house anyway.
“Nothing about the physical condition or nature of the rock has changed in that time period,” Robertson said. “What has indeed changed is the plaintiff’s risk appetite.”
Attorney Jamie Stephenson, who appeared for Frost’s neighbors Philippa and Benjamin Spencer, said it would be “unfair and ruinous” if his clients had to pay for the stone to be removed or repaired.
He said his clients could lose their $ 3.9 million home, which they bought in 2018, “and face possible bankruptcy” if they were ordered to pay for the works. The court heard that the couple has a relatively modest income and are already paying expenses, including their mortgage and a child’s schooling.
Stephenson said that if the court ordered its clients to make a contribution, it should be “extremely modest, limited and for a period of time.”
He noted that Frost and the city council have “substantial means” and Frost “voluntarily placed himself in that position,” after being aware of the rock at the time he bought the house.
Judge Brereton will deliver his sentence at a later date.
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