Bridgecorp Finance Limited v The Proprietors of Matauri X Incorporated

[2005] NZSC 31

IN THE SUPREME COURT OF NEW ZEALAND

SC 28/2005 [2005] NZSC 31

BETWEEN  BRIDGECORP FINANCE LIMITED Applicant

ANDTHE PROPRIETORS OF MATAURI X INCORPORATED

Respondent

Court:            Gault J and Blanchard J Counsel:         P J Dale for Applicant

D A Watson for Respondent

Judgment:      2 June 2005

JUDGMENT OF THE COURT

[1] Leave to appeal is granted for the appellant to argue the following ground:

Was   the   borrowing   and   the   granting   of   the   mortgage   to Bridgecorp within the powers of Matauri X by virtue of either (or both) of:

(a)      s 253 of the Te Ture Whenua Maori Act 1993 or

(b)object (d) of the objects stated in the incorporating order of Matauri X?

[2] The appeal will be heard on 5 July with a commencement time of 9.30 a.m. [3] The appellant’s submissions are to be filed and served by 17 June 2005.

[4] The respondent’s submissions are to be filed and served by 28 June.

BRIDGECORP FINANCE LTD V THE PROPRIETORS OF MATAURI X INC SC SC 28/2005 [2 June 2005]

Solicitors:

Grove Darlow & Partners, Auckland, for Applicant

Roy MacDonald Law, Auckland, for Respondent