14 Dec 2018
KINGSBEER v OKEY [2018] NZHC 3309
- Citation
- [2018] NZHC 3309
- Court
- High Court
The High Court dismissed the applicants' interlocutory application for want of jurisdiction because the Court of Appeal had substituted the High Court judgment and not remitted matters; the appropriate course for enforcement or modification is a fresh application under ss 313 or 317 of the Property Law Act. The Court provided a practicable, non-binding pathway for implementation (joint instruction of a project manager, appointment by Engineering New Zealand if no agreement, costs to be borne 75/25 as per Court of Appeal) and fixed costs consequences for the original High Court proceedings (ap…