Marlborough District Council v Altimarloch Joint Venture Limited

[2010] NZSC 82

IN THE SUPREME COURT OF NEW ZEALAND

SC 33/2010
[2010] NZSC 82

BETWEENMARLBOROUGH DISTRICT COUNCIL

Appellant

ANDALTIMARLOCH JOINT VENTURE LIMITED

First Respondent

ANDD S & J W MOORHOUSE

Second Respondents

ANDVINING REALTY GROUP LTD

Third Respondent

ANDGASCOIGNE WICKS

Fourth Respondent

Court:Blanchard, Tipping and McGrath JJ

Counsel:D J Goddard QC for Appellant

M E Casey QC and R M Dunningham for First Respondent
M R Ring Q C and A B Darroch for Third Respondent

Judgment:14 July 2010 

JUDGMENT OF THE COURT

A            The application for leave to appeal is granted.

B            The approved grounds are:

(i)Whether a duty of care is owed by a local authority to the recipient of a Land Information Memorandum (LIM) issued under s 44A of the Local Government Official Information and Meetings Act 1987.

(ii)If so, whether Altimarloch Joint Venture Ltd suffered any loss recoverable from the Council by reason of breach of that duty of care.

REASONS

[1]        The Court declines leave in respect of the proposed grounds stated at paragraphs 11.1, 11.2 and 11.3 of the appellant’s submissions, namely those concerned with whether the information given by the Council in its LIM concerning the Moorhouses’ water rights was given in terms of s 44A of the Local Government Official Information and Meetings Act 1987, and whether s 41 of that Act applied to that information.  The reasons given by the Court of Appeal for rejecting the Council’s arguments on these issues are entirely persuasive and we are satisfied that the proposed appeal on these grounds has no prospect of success.

Solicitors:

Heaney & Co, Auckland for Appellant

Buddle Findlay, Christchurch for First Respondent

Duncan Cotterill, Nelson for Third Respondent