29 Oct 2010
JONES AND ORS V WAITAKERE CITY COUNCIL AND ANOR HC AK CIV-2010-404-002338
- Citation
- openlaw-9106e177_8fd3_4f43_b48f_be71b85e8ab9.pdf
- Court
- High Court
Strike out applications refused. On the pleadings the plaintiffs have sufficiently arguable standing and causes of action: the ultra vires/trust challenge to the sale of Lots 3 and 4 and the dredging judicial review claim cannot be declared hopeless on strike out; issues of delay, limitation and the public/commercial boundary require full factual and legal consideration at trial; WML is at least arguably a necessary party so its removal is inappropriate.