8 Feb 2013
BRADY & ORS V THE PRESBYTERIAN CHURCH OF AOTEAROA NEW ZEALAND HC AK CIV-2012-404-2549
- Citation
- openlaw-6401499f_aa71_4850_85c1_33b7861d6979.pdf
- Court
- High Court
The Court dismissed the plaintiffs' claims and granted the defendants' strike‑out/summary judgment applications: first and second defendants (local church bodies) cannot be sued as unincorporated associations; the disputes are not justiciable because they concern internal church governance without proprietary/economic rights; property control rests with the managers under s38 and Schedule 2 of the Presbyterian Church Property Act 1885, entitling them to revoke implied licences and to issue trespass notices in the circumstances alleged; the negligence and statutory breach claims against the so…