12 Oct 2022
SPILLANE v CORNWALL PARK TRUST BOARD [2022] NZHC 2638
- Citation
- [2022] NZHC 2638
- Court
- High Court
The Court declared the defendant contravened s 3(2) of the Cornwall Park Endowment and Recreation Land Act 1982 by entering the agreement to lease dated 6 May 2022; no declaration of breach of trust was made because the improper act was the statutory contravention of s 3(2) rather than a breach of the deed of trust; ancillary declaratory relief against a non‑party and an order for advance notice were refused as unnecessary or unpleaded; the Court declined to give advisory guidance on unpleaded proposals; costs were awarded to the plaintiff on a 2C basis because the plaintiff succeeded and the…