23 Dec 2009
OTEHA INVESTMENTS LIMITED V SIMON YATES PLANNING LIMITED AND ANOR HC AK CIV-2008-404-006556
- Citation
- openlaw-098d21e9_1386_4432_8faa_61f2fbda39ad.pdf
- Court
- High Court
The claim against the council disclosed no reasonably arguable cause of action because established Court of Appeal authority (Morrison and Bella Vista), reinforced by policy considerations and the statutory scheme under the RMA, precludes imposing a private law duty of care on territorial authorities for pre-lodgement advice about planning/resource consents; accordingly the strike out under r 15.1(1)(a) was warranted.