22 Dec 2009
GULF HARBOUR INVESTMENTS AND ANOR V RODNEY DISTRICT COUNCIL HC AK CIV 2006-404-005005
- Citation
- openlaw-750ce06d_8203_4596_9dcb_651f88c2821f.pdf
- Court
- High Court
GH Investments' development rights were constrained by the existing licence and statutory planning and local government obligations; the Council was not estopped from asserting those constraints though it conceded a limited duty to subdivide and lease; consequently the Council is entitled to costs but at category 2B with a one quarter reduction to reflect GH Investments' partial success, and the Registrar is to assess and certify the costs and disbursements including second counsel.