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DARON ANDREW WILLIAMSCourt Judgment • November 14th, 2016
Table of Contents Page No. Background 3 Disposition 3 Case for the Claimant 5 Case for the First Defendant 10 Case for the Second Defendant 16 Ancillary Claim of the Second Defendant 19 Findings of Fact- The Pleaded Case 19 Duty and Causation 24 Breach of Duty 32 Contribution 33 The Ancillary Claim 34
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B The Environment Court must reconsider the appellants’ appeal to it in light of the High Court’s reasoning, in so far as that reasoning has been approved by this court, and, in particular, must assess the appropriate term of the consents:
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[1] RAWLINS, J.A. [AG.]: This is an appeal from an Order that Baptiste J made on 8th October 2004. In that Order, he directed that the assessment of damages on the judgment that he delivered on 7th September 2004 in favour of the Appellant, Golfview, should be conducted only on the evidence already adduced at the trial.
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MR JUSTICE SWIFTCourt Judgment • May 7th, 2019
MATT HUTCHINGS QC (instructed by Simons Muirhead & Burton LLP)for the Claimant PHILIP COPPEL QC & ASITHA RANATUNGA (instructed by Farrer & Co) for the Defendant
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IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRY CIV-2009-404-002786 BETWEEN WALTER PEAK DEVELOPMENTS LTD (IN RECEIVERSHIP AND LIQUIDATION)Plaintiff AND THOMAS MILLARDefendant CIV-2009-404-8041 AND IN THE MATTER OF the Insolvency Act 2006AND IN THE MATTER OF the bankruptcy of THOMAS MILLAR BETWEEN WALTER PEAK DEVELOPMENTS LTD (IN RECEIVERSHIP AND IN LIQUIDATION)Judgment Creditor AND THOMAS MILLARJudgment Debtor Hearing: 9 May 2011 Appearances: D T Broadmore for PlaintiffA M Swan for Defendant Judgment: 9 May 2011
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BETWEEN HELI-LOGGING LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION)First Appellant AND MARK WAYNE FORD IN HIS CAPACITY AS TRUSTEE OF THE WESSEX TRUSTSecond Appellant AND MARK WAYNE FORDThird Appellant AND CIVIL AVIATION AUTHORITY OF NEW ZEALANDRespondent
