Auckland Council v C P Group Limited, Millennium & Copthorne Hotels New Zealand Limited, MLC Scenic Limited and T & T Clarry's Holdings Limited - SC 158/2021
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- Auckland City Council v C P Group Limited SC 158/2021 - 20 July 2022 (Recorded, 20 July 2022)
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Summary
Civil Appeal
Result
A Leave to appeal is granted (C P Group Ltd v Auckland Council [2021] NZCA 587).
B The approved ground is whether the Court of Appeal was correct to allow the appeal.
30 March 2022
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A The appeal is allowed. The decision of the Court of Appeal is set aside. The decision of the High Court dismissing the respondents’ application for judicial review is reinstated.
B The respondents must pay the appellant one set of costs of $35,000 plus usual disbursements. We allow for second counsel.
C The award of costs and disbursements made in favour of the respondents in the Court of Appeal is quashed. That Court should redetermine costs in light of this Court’s judgment allowing the appeal.
D Costs in the High Court are to be determined by that Court in the light of this Court’s judgment allowing the appeal.
E Leave is reserved to the parties to apply for consequential orders if required.
12 May 2023
B The approved ground is whether the Court of Appeal was correct to allow the appeal.
30 March 2022
_________________________________________________________
A The appeal is allowed. The decision of the Court of Appeal is set aside. The decision of the High Court dismissing the respondents’ application for judicial review is reinstated.
B The respondents must pay the appellant one set of costs of $35,000 plus usual disbursements. We allow for second counsel.
C The award of costs and disbursements made in favour of the respondents in the Court of Appeal is quashed. That Court should redetermine costs in light of this Court’s judgment allowing the appeal.
D Costs in the High Court are to be determined by that Court in the light of this Court’s judgment allowing the appeal.
E Leave is reserved to the parties to apply for consequential orders if required.
12 May 2023
Date of Hearing
20 July 2022 — 21 July 2022
Judges
Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Williams JJ
Case Synopses
Submissions from counsel
- Hearing date 20 July 2022 and 21 July 2022 Appellant Submissions (PDF 851 KB)
- Hearing date 20 July and 21 July 2022 Appellants Outline of Oral Argument (PDF 85 KB)
- Hearing date 20 July 2022 and 21 July 2022 Appellant Chronology (PDF 228 KB)
- Hearing date 20 July 2022 21 July 2022 1st 3rd Respondent Submissions (PDF 744 KB)
- Hearing date 20 July 2022 and 21 July 222 2nd 4th Respondent Submissions (PDF 433 KB)
- Hearing date 20 July 2022 21 July 2022 Intervener submissions (PDF 173 KB)