SPARK NZ TRADING LTD v CLEARSPAN PROPERTY ASSETS LIMITED [2017] NZCA 352 _x000b_
The Court granted leave because the central legal question—whether the arrangement at [7] of the High Court judgment is a subdivision for purposes of s 218 RMA—raises a matter of law appropriate for appellate determination; the approved formulation allows argument on subsidiary questions 2–6.
Source-derived case information.
- Citation
- [2017] NZCA 352
- Parties
- Applicant: SPARK NEW ZEALAND TRADING LIMITED; Respondent: CLEARSPAN PROPERTY ASSETS LIMITED
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 16 August 2017
- Procedural Posture
- Leave to Appeal / Leave Granted
- Outcome
- Leave to appeal granted; costs reserved.
- Legal Topics
- Subdivision, Section 218 RMA, Leave to Appeal, Procedural Appeal Questions
Source-derived case record
Summary, issues, holding and outcome
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Parties
SPARK NEW ZEALAND TRADING LIMITED
Applicant
CLEARSPAN PROPERTY ASSETS LIMITED
Respondent
Procedural Posture
Leave to Appeal / Leave Granted
Legal Issues
- 1 Whether the arrangement summarised at [7] of the High Court judgment is a subdivision for the purposes of s 218 Resource Management Act 1991
- 2 Interpretation and application of s 218 RMA
- 3 Whether leave to appeal should be granted to determine the legal question
Ratio Decidendi
The Court granted leave because the central legal question—whether the arrangement at [7] of the High Court judgment is a subdivision for purposes of s 218 RMA—raises a matter of law appropriate for appellate determination; the approved formulation allows argument on subsidiary questions 2–6.
Court Disposition
Leave to appeal granted; costs reserved.
Orders
- Leave to appeal granted on the approved question: whether the arrangement summarised at [7] of the judgment below ([2017] NZHC 277) is a subdivision for purposes of s 218 Resource Management Act 1991
- Costs reserved
Full Case Text
Judgment text and source record
1 paragraphs
SPARK NZ TRADING LTD v CLEARSPAN PROPERTY ASSETS LIMITED [2017] NZCA 352 [16 August 2017]IN THE COURT OF APPEAL OF NEW ZEALANDCA159/2017[2017] NZCA 352BETWEEN SPARK NEW ZEALAND TRADINGLIMITEDApplicantAND CLEARSPAN PROPERTY ASSETSLIMITEDRespondentHearing: 14 August 2017Court: French, Miller and Cooper JJCounsel: M E Casey QC and R M Devine for ApplicantD Chisholm QC for RespondentJudgment: 16 August 2017 at 2.00 pmJUDGMENT OF THE COURTA Leave to appeal is granted. The approved question is whether the arrangement summarised at [7] of the judgment below ([2017] NZHC 277) is a subdivision for purposes of s 218 of the Resource Management Act 1991.B Costs are reserved.____________________________________________________________________[1] This formulation of the question1 permits argument of the subsidiary questions 2-6 in the application for leave.Solicitors:Minter Ellison Rudd Watts, Auckland for ApplicantBrown Partners, Auckland for Respondent1 Section 308(1) Resource Management Act 1991.