GRUBMAYR AND ANOR V S C BLOXHAM AND ORS HC AK CIV-2007-404-2570

GRUBMAYR AND ANOR V S C BLOXHAM AND ORS HC AK CIV-2007-404-2570

The Court exercised r11.9 to recall and reissue the judgment to correct an error in paragraph [36], holding that the plaintiffs' claim failed and that all defendants are entitled to judgment, and set a timetable for any applications for costs by the defendants and responses by the plaintiffs.

Citation
openlaw-f79be60d_0dd1_483c_8501_358282cef1c8.pdf
Parties
First Plaintiff: Karl Grubmayr; Second Plaintiff: Travis Rapana; First Defendant: S C Bloxham; Second Defendant: M Bourke; Third Defendant: Auckland City Council
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 March 2010
Procedural Posture
Civil Proceedings Concerning Local Authority Powers / Judgment (recall)
Outcome
Judgment recalled and reissued to state that the defendants are entitled to judgment; procedural directions given for costs memoranda.
Legal Topics
Judgment Recall, High Court Rules R11.9, Costs, Extent of Local Authority Powers
Administrative Law Civil Procedure Local Government Law Judgment Recall High Court Rules R11.9 Costs Extent of Local Authority Powers

Case Brief

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Parties

Karl Grubmayr

First Plaintiff

Travis Rapana

Second Plaintiff

S C Bloxham

First Defendant

M Bourke

Second Defendant

Auckland City Council

Third Defendant

Procedural Posture

Civil Proceedings Concerning Local Authority Powers / Judgment (recall)

Legal Issues

  1. 1 Whether the judgment should be recalled under High Court Rules r11.9 to correct an obvious error in orders
  2. 2 Whether all defendants are entitled to judgment
  3. 3 Whether costs should be awarded against one or both plaintiffs and the procedure for seeking costs

Ratio Decidendi

The Court exercised r11.9 to recall and reissue the judgment to correct an error in paragraph [36], holding that the plaintiffs' claim failed and that all defendants are entitled to judgment, and set a timetable for any applications for costs by the defendants and responses by the plaintiffs.

Court Disposition

Judgment recalled and reissued to state that the defendants are entitled to judgment; procedural directions given for costs memoranda.

Orders

  • The judgment is recalled and reissued to provide in paragraph [36]: For these reasons the plaintiff's claim fails. The defendants are entitled to judgment. If the defendants wish to pursue costs against either Mr Grubmayr or Mr Rapana I will receive a memorandum to that effect within ten working days. If costs are...
  • The balance of the judgment will be re-issued in its original form.