10 Dec 2007
AUCKLAND CITY COUNCIL AS ASSIGNEE OF BODY CORPORATE NO 16113, PAUL BORNE BROWNE & ORS V AUCKLAND CITY COUNCIL AND ORS HC AK CIV 2003-404-6422
- Citation
- openlaw-4c0724a8_b81c_44cf_bf10_3bfb187e5d26.pdf
- Court
- High Court
The Court held the Council had a genuine commercial interest in the assignment and settlement; the assignment was not champertous or contrary to public policy, so the strike out application failed and leave was granted to file the Seventh Amended Statement of Claim; defendants suffer no uncompensable prejudice given contribution rules and equitable defences available.