J B INTERNATIONAL LTD V AUCKLAND CITY COUNCIL HC AK CIV 2005-404-2214
Paragraph [121] of the earlier judgment is recalled and amended so that only Clause 30.3 of the Brothels Bylaw is quashed, because the original order was overbroad and the parties consented to the limited amendment.
Source-derived case information.
- Citation
- openlaw-88394cd9_d009_44f4_8cab_3729e41bf5df.pdf
- Parties
- Applicant: J B INTERNATIONAL LTD; Respondent: AUCKLAND CITY COUNCIL
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 10 April 2006
- Procedural Posture
- Bylaw Challenge / Judicial Review / Application to Recall Part of Judgment
- Outcome
- Paragraph [121] recalled and amended; Clause 30.3 of the Brothels Bylaw quashed; no order as to costs on the recall application.
- Legal Topics
- Quashing of Bylaw, Recall of Judgment, Location of Brothels
Source-derived case record
Summary, issues, holding and outcome
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Parties
J B INTERNATIONAL LTD
Applicant
AUCKLAND CITY COUNCIL
Respondent
Procedural Posture
Bylaw Challenge / Judicial Review / Application to Recall Part of Judgment
Legal Issues
- 1 Whether the order quashing the bylaw was expressed too widely
- 2 Whether paragraph [121] of the prior judgment should be recalled and amended to limit the quashing to location provisions
Ratio Decidendi
Paragraph [121] of the earlier judgment is recalled and amended so that only Clause 30.3 of the Brothels Bylaw is quashed, because the original order was overbroad and the parties consented to the limited amendment.
Court Disposition
Paragraph [121] recalled and amended; Clause 30.3 of the Brothels Bylaw quashed; no order as to costs on the recall application.
Orders
- Paragraph [121] recalled and the first sentence amended to read: Clause 30.3 of the Brothels Bylaw is quashed.
- No order as to costs on the application for recall.
Full Case Text
Judgment text and source record
1 paragraphs
J B INTERNATIONAL LTD V AUCKLAND CITY COUNCIL HC AK CIV 2005-404-2214 10 April 2006IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV 2005-404-2214BETWEEN J B INTERNATIONAL LTD Applicant AND AUCKLAND CITY COUNCIL Respondent Hearing: 25, 26, 27 October 2005 Counsel: GJX McCoy, PA Joseph and S Abdale for Applicant D Kirkpatrick and B Parkinson for Respondent Judgment: 10 April 2006JUDGMENT (NO. 2) OF HEATH JSolicitors: Dyer Whitechurch, PO Box 5547, Auckland Auckland City Council, Private Bag 92516, Auckland Counsel: GJX McCoy, PO Box 2838, Christchurch P A Joseph, Canterbury University, Christchurch S Abdale, PO Box, 46281, Herne Bay, Auckland D Kirkpatrick, PO Box 5444, Auckland[1] The Auckland City Council sought an order recalling part of my judgment of 14 March 2006 on the grounds that the order quashing the bylaw was expressed too widely. [2] My intention was only to quash that part of the bylaw that dealt with location of brothels. That was the issue argued before me. [3] I have received a consent memorandum from counsel for both parties confirming consent to the recall of para [121]. Paragraph [121] will be recalled and amended by rewording the first sentence of that paragraph to read:Clause 30.3 of the Brothels Bylaw is quashed.[4] I thank counsel for drawing this issue to my attention. [5] No order as to costs is made on the application for recall. ______________________ P R Heath J Delivered at 2.30pm on 10 April 2006