19 Dec 2003
CHRISTINE SANDRA BANKS V GREY DISTRICT COUNCIL CA CA40/03
- Citation
- openlaw-fc70ee95_041f_4a1a_89b9_02626e8a2af2.pdf
- Court
- Court of Appeal
The High Court erred in granting formal declaratory relief because the declarations would have no legal effect on the present dispute and were effectively academic; while the Court may express non‑binding views on the underlying legal position, it should not make declarations in circumstances where the statutory arbitration challenge procedure and time limits render the relief incapable of practical effect; accordingly the declarations were quashed.