25 Jul 2013
NEW ZEALAND LOCAL AUTHORITY PROTECTION DISASTER FUND v AUCKLAND COUNCIL [2013] NZHC 1858
- Citation
- [2013] NZHC 1858
- Court
- High Court
The Court held there was no binding variation or estoppel: the alleged variation was not proposed by a person who knew the Trust Deed notice regime and there was no clear representation, reliance or detriment; Auckland Council retained an insurable interest in Watercare assets by virtue of statutory rights and concurrent statutory obligations; the contract was not frustrated or impossible to perform; therefore Auckland Council is liable to pay the invoiced contribution and LAPP may recover actual reasonable recovery costs.