Queen Elizabeth the Second National Trust v Green Growth No.2 Limited

[2013] NZHC 192

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-4592 [2013] NZHC 192

BETWEEN  QUEEN ELIZABETH THE SECOND NATIONAL TRUST

Plaintiff

ANDGREEN GROWTH NO.2 LIMITED Defendant

Hearing:         16 November 2012

Appearances: Mr F B Collins and Mr P K Kirby for Plaintiff

Mr W A McCartney for Defendant

Judgment:      15 February 2013

JUDGMENT NUMBER TWO OF ASSOCIATE JUDGE DOOGUE

This judgment was delivered by me on

15.02.13 at 12 noon., pursuant to

Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Counsel:

Gibson Sheat, Private Bag 31-905, Lower Hutt – [email protected]

Mr W A McCartney, P O Box 1052, Auckland – [email protected]

QUEEN ELIZABETH THE SECOND NATIONAL TRUST V GREEN GROWTH NO.2 LIMITED HC AK CIV-2012-404-4592 [15 February 2013]

[1]      Counsel who appeared for the defendant when this matter was argued before me has noted that there are some critical comments contained in the judgment about the pleadings filed by the defendant.  Mr McCartney says that the pleadings and the affidavit in support of the notice of opposition were prepared before he began acting as counsel for the defendant and he would like this fact to be recorded which I now

do in this judgment.

J.P. Doogue

Associate Judge