13 Oct 2016
MANCHESTER SECURITIES LTD v AUCKLAND COUNCIL [2016] NZHC 2441
- Citation
- [2016] NZHC 2441
- Court
- High Court
The High Court found exceptional circumstances under s64 because Mountain Road is controversial and would preclude Manchester from obtaining appellate review if the cross-appeal remained in the High Court; accordingly the cross-appeal was transferred to the Court of Appeal. On the substantive appeal the Tribunal erred: the conditional sale and later assignment did not extinguish the vendor's negligence claim because the conditional price did not cure the vendor's loss and the assignment formed part of the ultimate bargain, so Manchester's appeal was allowed.