16 Aug 2012
BRICHRIS HOLDINGS LIMITED V AUCKLAND COUNCIL HC AK CIV-2011-404-7973
- Citation
- openlaw-524ab4a2_29a9_48cb_8e7a_acbf8b9042c0.pdf
- Court
- High Court
The Tribunal erred as a matter of law by characterising Brichris summarily as a residential property developer and removing Auckland Council; whether Brichris is a developer (and therefore outside the Council's duty) depends on factual findings whether the townhouses were developed in trade for the purpose of sale; the Tribunal's removal is set aside and the Council reinstated.