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Marlborough District Council v Altimarloch Joint Venture Limited and Ors - SC 33/2010

Media releases

Summary

Civil Appeal – Negligence – Whether duty of care owed by local authority in issuing a Land Information Memorandum (LIM) inducing party to enter into contract to purchase land – Whether local authority protected from liability by s 41 of Local Government Official Information and Meetings Act 1987 (LGOIMA) when providing information in LIM in good faith – Whether s 44A of LGOIMA requires inclusion of information relating to water resource entitlements in a LIM – Whether loss is actually suffered in tort against a third party where compensatory damages under s 6 Contractual Remedies Act 1979 against a party to the contract have already offset financial loss suffered by misrepresentation.[2010] NZCA 104  CA 448/2008 and CA 215/2009   29 March 2010

Result

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.
14 July 2010
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The appeal by the Marlborough District Council from the liability judgment given against it in favour of Altimarloch Joint Venture Limited is dismissed. The appeal by the Marlborough District Council from the contribution judgment given against it in favour of D S and J W Moorhouse is allowed.  That judgment is set aside and judgment in favour of the Council is entered in respect of that claim. Costs of $10,000 to Altimarloch.  Disbursements shall be added as agreed or fixed by the Registrar.

Hearing Transcripts

Related Documents

Leave judgment - leave granted — MARLBOROUGH DISTRICT COUNCIL v ALTIMARLOCH JOINT VENTURE LIMITED And Anor SC 33/2010 [14 July 2010] (PDF 44 KB)

Additional document — MARLBOROUGH DISTRICT COUNCIL v ALTIMARLOCH JOINT VENTURE LIMITED And Ors SC 33/2010 [20 October 2010] (PDF 40 KB)

Substantive judgment — MARLBOROUGH DISTRICT COUNCIL v ALTIMARLOCH JOINT VENTURE LIMITED SC 33/2010 [5 March 2012] (PDF 595 KB)

Additional Information

Transcript

Hearing dates : 14 and 15 February 2011

Elias CJ, Blanchard, Tipping, McGrath, Anderson JJ.