North Shore City Council v The Attorney-General

[2010] NZSC 125

IN THE SUPREME COURT OF NEW ZEALAND

SC 77/2010
[2010] NZSC 125

BETWEENNORTH SHORE CITY COUNCIL

Appellant

ANDTHE ATTORNEY-GENERAL AS SUCCESSOR TO THE ASSETS & LIABILITIES OF THE BUILDING INDUSTRY AUTHORITY

Respondent

Court:Blanchard, McGrath and William Young  JJ

Counsel:D J Goddard QC for Appellant

D B Collins QC, T G H Smith and B L Orr for Respondent

Judgment:13 October 2010 

JUDGMENT OF THE COURT

A           Leave to appeal is granted.

B           The approved grounds are:

(i)Whether it is reasonably arguable that the BIA owed a duty of care to the Council in relation to the Grange development in any of the respects pleaded (as described in para 13.1 – 13.3 of the Council’s submissions in support of its application for leave to appeal).

(ii)Whether it is reasonably arguable that the BIA owed a duty of care to the plaintiff body corporate and unit owners in the respect pleaded (as described in para 13.4 of the Council’s submissions in support of its application for leave to appeal).

Solicitors:

Heaney & Co, Auckland for Appellant

Crown Law Office, Wellington