29 Jun 2017
AUCKLAND TRANSPORT v WESTERN PROPERTIES LTD [2017] NZHC 1470
- Citation
- [2017] NZHC 1470
- Court
- High Court
The Court declined to exercise its discretion to hear the now‑moot appeal. The settlement removed any practical effect on the parties, the matter risked becoming an advisory opinion, the issue was not clearly a pure question of law free of factual context, judicial resources should not be expended on a test case divorced from facts, and the specialist Environment Court should be given further opportunity to address the point; accordingly the application for leave to proceed was dismissed.