Waitara Leaseholders Association Inc v New Plymouth District Council - SC 23/2007
Summary
Civil –Whether the Court of Appeal erred in concluding that land was not held on a charitable trust and that the Council was not subject to the obligations of charitable trustees – whether the Court of Appeal erred in finding the Council was not obliged to consider the objects of the statutory trusts when deciding to seek legislation to remove trust restrictions – whether the Court of Appeal erred in finding that compliance with section 14(6) of the Trustee Act 1956 relieves a trustee from its obligation of obtaining the best price for an asset – whether the Supreme Court should grant leave to pursue a new ground, namely that the Council failed to take into account the fact that its decisions were contrary to previous promises and assurances that it had made.CA 259/05 CA 260/05 20 March 2007
Result
Application for leave to appeal dismissed with costs $2,500 to the respondent.
20 June 2007
20 June 2007
Related Documents
Leave judgment - leave dismissed — WAITARA LEASEHOLDERS ASSOCIATION INCORPORATED v NEW PLYMOUTH DISTRICT COUNCIL SC 23/2007 [20 June 2007] (PDF 14 KB)
Additional Information