26 Mar 2013
GREEN & MCCAHILL HOLDINGS LIMITED V AUCKLAND COUNCIL (AS SUCCESSOR TO RODNEY DISTRICT COUNCIL) HC AK CIV 2011-404-007233
- Citation
- openlaw-e13398fc_f290_48b7_a9ee_e4706fc3377e.pdf
- Court
- High Court
The High Court held the Tribunal erred in law by assuming the Penlink road had been built for the after valuation; s62(1)(b)(ii) requires the after valuation to assume the taking/acquisition but not the physical existence of the public work; betterment may only be deducted if causally proved as at the specified date or as likely to be caused after that date by the prospect of the work; the 2006 decision did not give rise to issue estoppel on the point; the 2011 Tribunal decision and the costs award are set aside and the compensation claim is remitted to the Tribunal for rehearing consistent w…