29 Aug 2013
MANGAWHAI RATEPAYERS' AND RESIDENTS' ASSOCIATION INC v KAIPARA DISTRICT COUNCIL [2013] NZHC 2220
- Citation
- [2013] NZHC 2220
- Court
- High Court
The strike-out application was dismissed as to the first cause of action. The Court held that ss 117–118 raised novel and potentially fact-dependent issues and that it was inappropriate to decide the question at strike-out; factual inquiry could be relevant to remedies available to creditors and to the interpretation of the protection regime. Delay and cost did not warrant striking out the claim as an abuse of process given the circumstances, acknowledged irregularities and the public importance of the issues; accordingly the substantive claim must proceed to hearing.