MARK AND RANKINE AND ORS V THE ATTORNEY-GENERAL AND ORS HC WN CIV 2002-485-799

MARK AND RANKINE AND ORS V THE ATTORNEY-GENERAL AND ORS HC WN CIV 2002-485-799

Leave to file and serve the proposed amended consolidated statement of claim was granted and, exercising case management powers, the Court vacated the substantive fixture scheduled for 26 May 2008, directed the Registrar to liaise with counsel to allocate a new firm (and consider a back-up) fixture, ordered counsel...

Source-derived case information.

Citation
openlaw-cd033d4c_fdde_4540_a04c_105dab415d4c.pdf
Parties
First Plaintiff: Yolande Elisabeth Mark; First Plaintiff: Ian Frederick Rankine; Second Plaintiff: Ellen Annand Clunie; Third Plaintiff: Margaret Rose Johnson; Fourth Plaintiff: John Bryan Cudby; Fifth Plaintiffs: Bruce Lockwood Fenwick & Ors; First Defendant: The Attorney-General; Second Defendant: The Chief Executive of Land Information New Zealand; Third Defendant: Transit New Zealand Limited; Fourth Defendant: The Kapiti Coast District Council
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 April 2008
Procedural Posture
Proceeding Under Section 40 Public Works Act 1981; Civil Litigation / Pre Trial: Oral Application for Leave to Amend Granted; Defendants' Application to Vacate Substantive Fixture Granted; Case Management Directions Made
Outcome
Application to amend granted; defendants' application to vacate the 26 May 2008 fixture granted; timetable directions ordered; costs reserved.
Legal Topics
Public Works Act 1981 Section 40, Amendment of Statement of Claim, Fixture Allocation and Vacating, Case Management and Timetabling
Public Law Property Law Civil Procedure Administrative Law Public Works Act 1981 Section 40 Amendment of Statement of Claim Fixture Allocation and Vacating Case Management and Timetabling

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Yolande Elisabeth Mark

First Plaintiff

Ian Frederick Rankine

First Plaintiff

Ellen Annand Clunie

Second Plaintiff

Margaret Rose Johnson

Third Plaintiff

John Bryan Cudby

Fourth Plaintiff

Bruce Lockwood Fenwick & Ors

Fifth Plaintiffs

The Attorney-General

First Defendant

The Chief Executive of Land Information New Zealand

Second Defendant

Transit New Zealand Limited

Third Defendant

The Kapiti Coast District Council

Fourth Defendant

Procedural Posture

Proceeding Under Section 40 Public Works Act 1981; Civil Litigation / Pre Trial: Oral Application for Leave to Amend Granted; Defendants' Application to Vacate Substantive Fixture Granted; Case Management Directions Made

Legal Issues

  1. 1 Whether plaintiffs should be granted leave to file and serve an amended consolidated statement of claim
  2. 2 Whether the substantive fixture scheduled for 26 May 2008 should be vacated and a new fixture allocated
  3. 3 What case management timetable and directions should be imposed going forward

Ratio Decidendi

Leave to file and serve the proposed amended consolidated statement of claim was granted and, exercising case management powers, the Court vacated the substantive fixture scheduled for 26 May 2008, directed the Registrar to liaise with counsel to allocate a new firm (and consider a back-up) fixture, ordered counsel to file a joint or sequential individual memorandum proposing a new timetable within 15 working days, and reserved costs.

Court Disposition

Application to amend granted; defendants' application to vacate the 26 May 2008 fixture granted; timetable directions ordered; costs reserved.

Orders

  • Leave granted for plaintiffs to file and serve the proposed amended consolidated statement of claim
  • The fixture scheduled to commence on 26 May 2008 is vacated