26 May 2006
TWIN BRIGHTV TAUWHAREPARAE HC GIS CIV.2003-416-1
- Citation
- openlaw-a8ada484_1548_4769_8bfa_d33581c28e85.pdf
- Court
- High Court
The Court held that the Port Company's pleading against Adsteam could not be struck out entirely because the Port Services Contract was not the sole defining document and factual allegations of broader representations and conduct were assumed provable; the s60B defence may apply to acts done in the capacity of pilot but cannot be resolved on current pleadings and requires amendment and further evidence. The Court struck out the Port Company's breach of statutory duty claims against Gisborne District Council (ss37S and s650B aspects) because those provisions are permissive/discretionary and do…