18 Nov 2008
AIR NEW ZEALAND LIMITED AND ORS V WELLINGTON INTERNATIONAL AIRPORT LIMITED HC WN CIV-2007-485-1756
- Citation
- openlaw-253e3ccb_f211_403d_b639_7b429103ef13.pdf
- Court
- High Court
The Court struck out all four newly pleaded grounds because they effectively required assessment of whether WIAL's charges produced monopoly profits—a matter for the Commerce Commission not judicial review; implied mandatory considerations were unsupported by s4A or the Act's scheme; substantive unfairness is not a free-standing ground beyond variable intensity unreasonableness; legitimate expectation could not be used to demand a particular substantive outcome absent clear reliance; and leave to reapply for summary judgment was declined because the rules preclude a second application in the…