15 Aug 2018
CLEMENTS v AUCKLAND COUNCIL [2018] NZHC 2084
- Citation
- [2018] NZHC 2084
- Court
- High Court
The proceeding was struck out for want of prosecution because the applicant failed to attend or comply with timetables and there was no adequate explanation; substantively the material disclosed no realistic prospect of success as the evidence did not establish a trust or irrevocable legitimate expectation preventing disposal, many affidavits were inadmissible, and the Council was the appropriate sole respondent; therefore interlocutory joinder of the Mayor was refused, named councillors removed, undertakings released and costs awarded to the Council.