A Supreme Court judge has paused proceedings in a long-running land dispute between Paget neighbours to allow the matter to be brought to the Court of Appeal.

Chief Justice Larry Mussenden ruled largely in favour of Andrew Banks, the husband of former premier Dame Pamela Gordon Banks, in his legal fight with Simon and Deidre Storey, in a ruling delivered in April.

However, the Storeys requested a stay to prevent the removal of offending structures and proceedings to determine the quantum of damages so they could appeal their case.

In a decision handed down last week, Mr Justice Mussenden said that a stay was appropriate in the circumstances. He added that if no stay was granted and infringing structures were removed, it would render the appeal nugatory.

The judge wrote: “In granting the stay of execution, if the defendants fail on appeal, then the admitted construction can be removed, thus there are no risks to Mr Banks that the judgment cannot be enforced.

“In all the circumstances, there are good reasons to grant the stay of execution, namely the wasted costs of removing the admitted construction if the appeal is successful.

“Thus, in undertaking a balancing exercise, in my view, there will injustice to the defendants if the stay is not granted and the appeal succeeds.”

Mr Justice Mussenden also found it was appropriate to stay a quantum trial, in which the extent of damages would be determined, pending the results of the appeal.

He wrote: “If the defendants’ appeal is successful on one or more grounds, then it is most likely that there will be a need for the court to revisit the quantum trial judgment, in effect there would be a strong possibility of holding a second quantum trial.

“To that point, much of the time and resources incurred on the first quantum trial would be wasted.”

The dispute stemmed from accusations that both parties had trespassed on the other’s property on Inglewood Lane.

Mr Banks argued that the Storeys, or their “agents”, removed trees and vegetation covering an area of approximately 7,000 sq ft from woodland reserve on his property to construct a road.

The Storeys said the tree damage was caused by hurricanes Fay and Gonzalo in 2014, but meteorologist Michelle Pitcher and horticultural expert Myles Darrell rejected the claim.

Mr Justice Mussenden found in favour of the Bankses on the issue and awarded them damages in the form of an indemnity equal to the cost to implement a conservation management plan for the site.

The Bankses were also awarded damages for the excavation and use of the roadway for a period from March 2014 up to a date when the road was backfilled on December 2023, along with awarded damages for materials deposited on the roadway.

Separately, Mr Banks was awarded damages for trespass over a retaining wall constructed by the Storeys, which their lawyer Keith Robinson had said was the result of the defendant’s “lack of knowledge of the precise legal boundary” between the properties.

Mr Banks was also granted a mandatory injunction requiring the Storeys to remove the wall where it encroaches his property.

However, Mr Justice Mussenden awarded the Storeys user damages over a Belco trench laid on their property without their permission

They further received an award of modest damages over the instillation of ornamental pillars which encroached on their property and a chain-link fence.

Mr Banks was awarded aggravated damages — damages that are awarded for mental distress or injury to feeling — reflecting the seriousness of the trespass in the woodland reserve and destruction of vegetation.

He was also awarded aggravated damages for the conduct of Mr Storey on June 5, 2023 in relation to allegations that Dame Pamela said he was not of the “right caste” and that the Storeys were not good enough for Inglewood Estate.

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