24 Nov 2009
AUCKLAND CITY COUNCIL AND ANOR V ATTORNEY GENERAL SUED AS DEPARTMENT OF BUILDING & HOUSING (WEATHERTIGHT SERVICES) AND ANOR HC AK CIV-2009-404-1761
- Citation
- openlaw-5b8d7eef_6594_432f_804f_c2585126eda8.pdf
- Court
- High Court
The panel's reasoning contained legal errors (one member failed to form the necessary opinion and both relied on incorrect or irrelevant assumptions), but on the facts the dwelling was not completed until after 12 October 1995 so the panel's eligibility conclusion was open on the available material; notwithstanding the legal errors the Court refused relief because setting aside the eligibility decision would be manifestly unjust given the trustees would lose their only viable remedy through limitation.