4 Nov 2015
SCHICK CONSTRUCTION AND CARTAGE LTD v AUCKLAND COUNCIL & ORS [2015] NZHC 2722
- Citation
- [2015] NZHC 2722
- Court
- High Court
The application was dismissed: the plaintiff's unexplained delay in serving the proceedings was serious and criticised but did not justify dismissal or stay because the claim was filed before limitation expired, r5.72 contains no automatic sanction, responsibility may lie with advisers, and the overall interests of justice favored allowing the claim to proceed; further, the fourth to sixth causes of action concern stormwater liabilities not plainly within the Auckland Transport vesting under cl12 and therefore could not be struck out on the pleadings, and the seventh cause (retentions under t…