5 Nov 2015
MINISTER OF EDUCATION v WARREN AND MAHONEY ARCHITECTS LIMITED [2015] NZHC 2724
- Citation
- [2015] NZHC 2724
- Court
- High Court
Warren and Mahoney breached r5.72 by not serving as soon as practicable, but the delay (about four months) was not inordinate and did not cause serious prejudice; Auckland Council is barred from seeking to set aside under r1.5(4) because it took procedural steps after becoming aware of the irregularity; even on merits the court would not set aside under r1.5(2) as prejudice was not sufficient and W&M could commence a fresh proceeding; accordingly council's application is dismissed and W&M may continue its proceeding against council.