1 Oct 2008
BODY CORP NO. 195843 AND ANOR V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV 2006-404-001055
- Citation
- openlaw-80dcb5d4_2922_46eb_a22b_05510dd9ff71.pdf
- Court
- High Court
The application to set aside the third party notice was dismissed because, on the pleaded facts assumed true, proximity and policy factors are equivocal and the Council's allegations are not so plainly untenable as to justify striking out the claim; the question of whether the BIA owed a duty of care must proceed to fuller litigation rather than be determined at interlocutory strike‑out stage.