22 Mar 2006
WILLIAMS AND CO TRUSTEES LIMITED V SELWYN DISTRICT COUNCIL HC CHCH CIV 2006 409 409
- Citation
- openlaw-fa2e3fc2_597d_445b_8573_270ff967eac4.pdf
- Court
- High Court
Although the Council breached the unequivocal duty in s48(1), mandamus was refused at this stage as a matter of discretion because the Council demonstrated genuine operational difficulties beyond its control, gave a credible and prompt assurance that the specific consent would be issued within a short timeframe once outstanding information was provided, and the court must avoid creating floodgates prejudice to others; the proper remedy was to adjourn and require issuance by a specified deadline, failing which mandamus may be ordered.