11 Oct 2023
WHAI RAWA RAILWAY LANDS LP v BODY CORPORATE 201036 [2023] NZCA 490
- Citation
- [2023] NZCA 490
- Court
- Court of Appeal
Leave to appeal was granted because the central issue—whether the UTA and RTA in combination confer jurisdiction to permit relief under s 78(1)(f) in respect of long-term ground lease rent clauses—is a novel, significant question of statutory interpretation of wider importance that should be determined rather than deferred to a substantive trial; the high threshold for leave was met.