17 Jul 2018
VIADUCT HARBOUR HOLDINGS LTD v AUCKLAND COUNCIL COSTS JUDGMENT [2018] NZHC 1772
- Citation
- [2018] NZHC 1772
- Court
- High Court
The Court held that Viaduct proved an error of law by the Panel in failing to implement the agreed two‑metre roof bonus, but failed to show unreasonableness or inadequate reasons in relation to the creation of Sub‑precinct C and the inclusion of Lighter Quay; on a realistic appraisal the Council was the successful party overall and is entitled to costs on a 2B basis reduced by 25% for partial success, quantified at $9,031.50, and the Section 301 parties are entitled to 2B costs of $10,368.00; the public interest exception did not apply.