1 Nov 2023
BODY CORPORATE 455529 v AUCKLAND COUNCIL [2023] NZHC 3047
- Citation
- [2023] NZHC 3047
- Court
- High Court
The application for declaratory relief is refused for lack of jurisdiction under s 3 because the declarations sought would necessarily require the Court to determine the existence and scope of a novel tortious duty of care owed to bodies corporate as legal owners of common property rather than merely construing a statute or instrument; alternatively, even if jurisdiction existed the Court would refuse relief in its discretion because the declarations sought are overly broad, lack utility and could have unintended consequences.