20 Dec 2007
CASH FOR SCRAP LIMITED AND ANOR V AUCKLAND REGIONAL COUNCIL AND ANOR HC AK CIV 2006-404-004270
- Citation
- openlaw-2b0e48a8_d1ee_44fc_bb16_033c79ed1410.pdf
- Court
- High Court
The plaintiffs' key factual allegations that the defendants knew there was no evidence of contamination when the 2006 prosecutions were commenced are precluded by the Environment Court's findings (and related convictions) demonstrating contamination and overland flow from 13 to 11 Bairds Road; additionally the plaintiffs failed to re-plead non‑RMA particulars as directed and did not file the amended statement by the extended deadline; accordingly the statement of claim in its entirety must be struck out.