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Body Corporate 330324 v Auckland Council [2015] NZHC 1629 (25 June 2015)

Last Updated: 15 July 2015


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY



CIV-2010-404-7840 [2015] NZHC 1629

IN THE MATTER
of City Gardens Apartments
BETWEEN
BODY CORPORATE 330324
First Plaintiff
MATTHEW NICHOLAS BROWN & ORS
Second Plaintiffs
AND
AUCKLAND COUNCIL First Defendant
Continued over


Hearing:
24 and 25 June 2015
Appearances:
G B Lewis and C E Lane for the Plaintiffs
S A Thodey and S Mitchell for First Defendant
S Ladd and B J Ward for Third Defendant
K M Quinn and S M Thompson for Fourth Defendant
Judgment:
25 June 2015




ORAL RESULT JUDGMENT OF MUIR J




Counsel/Solicitors:

G B Lewis, Grimshaw & Co, Auckland

C E Lane, Grimshaw & Co, Auckland

S A Thodey, Heaney & Partners, Auckland

S Mitchell, Heaney & Partners, Auckland

SJP Ladd, Bell Gully, Auckland

B J Ward, Bell Gully, Auckland

G J Kohler QC, Barrister, Auckland

K M Quinn, Barrister, Auckland

S M Thompson, Barrister, Auckland

H Macfarlane, Hesketh Henry, Auckland

S Holderness Hesketh Henry, Auckland

A Hazelton, Hazelton Law, Wellington





BODY CORPORATE 330324 v AUCKLAND COUNCIL [2015] NZHC 1629 [25 June 2015]

WATTS & HUGHES LIMITED Second Defendant

DOWNER NEW ZEALAND LIMITED (Formerly known as Downer Edi Works Limited)

Third Defendant

CCSNZ LIMITED (Formerly known as

Symonite New Zealand Limited) Fourth Defendant/Fourth Third Party

TYCO NEW ZEALAND LIMITED (Trading as Climatecdh)

First Third Party

TAL LTD

Fifth Defendant/Second Third Party

1280899 LIMITED (Formerly known as Auckland Height Services Limited) Third Third Party

ARCHITECTURAL WINDOW SOLUTIONS LIMITED

Fifth Third Party

MACMILLAN PLUMBING LIMITED Sixth Third Party

POSITIVE INSTALLATION LIMITED Seventh Third Party/Fourth Party

[1] In view of the proximity of trial I issue a results judgment now adjourning the trial set down for hearing on 20 July 2015.

[2] My reasons will follow.







Muir J


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