14 Sept 2006
MAWHINNEY V WAITAKERE CITY COUNCIL HC AK CIV 1999-404-001850
- Citation
- openlaw-8071506c_c96c_4863_ae8d_55c1c27437db.pdf
- Court
- High Court
The proceedings were struck out because the plaintiff's re‑litigation of the Council's s 91 determinations was barred by res judicata/estoppel given prior Environment Court and High Court decisions; there was no tenable basis for judicial review (mandamus/certiorari) or for common law damages for breach of statutory duty under the RMA; no duty of care in negligence could be recognised on the facts; and allegations of misfeasance in public office were not substantiated and could not be remedied by amendment to pleadings.