5 Aug 2011
TE TAI TOKERAU MAPO TRUST V THE CHIEF EXECUTIVE OF MINISTRY OF HEALTH HC WHA CIV-2010-488-307
- Citation
- openlaw-41ecde5c_47b1_4cd5_b38d_66bd05402864.pdf
- Court
- High Court
The court held that the substance of the dispute was contractual: the 28 April 2009 agreement (and prior signed extensions) expressly provided that if no new contract was finalised by the cut-off date all contracting would end; therefore the cessation of funding was the agreed contractual consequence and the impugned matters were not amenable to judicial review on the pleaded grounds; the plaintiff's claims of breach of contract, breach of natural justice, ultra vires and breach of legitimate expectation were not made out and the proceeding was dismissed.