15 Oct 2013
LIGHTER QUAY RESIDENTS' SOCIETY INC & ORS v WATERFRONT PROPERTIES (2009) LTD & OR [2013] NZHC 2678
- Citation
- [2013] NZHC 2678
- Court
- High Court
The Court refused to strike out the plaintiffs' principal causes of action because it is at least arguable that the Court retains jurisdiction over the subject matter, that Mr Gray's interim determination may not be final and binding if he exceeded his mandate or if the process transmogrified into an arbitral inquiry, and that the expert process as conducted was arguably incapable of resolving the contested allegations of gross misconduct. The Court struck out limited parts of the s140 claim (damages barred by s229 and relief ab initio) but otherwise dismissed the strike out application and o…