Auckland City Council v C P Group Limited SC 158/2021 - 21 July 2022 - SC 158/2021

Supreme Court hearing day 2 on 21 July 2022

Case details

• Auckland Council v C P Group Limited, Millennium & Copthorne Hotels New Zealand Limited, MLC Scenic Limited and T & T Clarry's Holdings Limited - SC 158/2021

  Watch Videos

  • Auckland City Council v C P Group Limited SC 158/2021 - 21 July 2022 (Recorded, 21 July 2022)
  • Auckland City Council v C P Group Limited SC 158/2021 - 20 July 2022 (Recorded, 20 July 2022)

  Media releases

  • MR [2023] NZSC 53 (PDF 251 KB)

  Summary

  Civil Appeal

  Result

  A Leave to appeal is granted (C P Group Ltd v Auckland Council [2021] NZCA 587).
  B The approved ground is whether the Court of Appeal was correct to allow the appeal.
  30 March 2022
  _________________________________________________________
  A The appeal is allowed. The decision of the Court of Appeal is set aside. The decision of the High Court dismissing the respondents’ application for judicial review is reinstated.
  B The respondents must pay the appellant one set of costs of $35,000 plus usual disbursements. We allow for second counsel.
  C The award of costs and disbursements made in favour of the respondents in the Court of Appeal is quashed. That Court should redetermine costs in light of this Court’s judgment allowing the appeal.
  D Costs in the High Court are to be determined by that Court in the light of this Court’s judgment allowing the appeal.
  E Leave is reserved to the parties to apply for consequential orders if required.
  12 May 2023

  Date of Hearing

  20 July 2022 — 21 July 2022

  Judges

  Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Williams JJ

  Case Synopses

  • Hearing date 20 and 21 July 2022 (PDF 495 KB)

  Submissions from counsel

  • Hearing date 20 July 2022 and 21 July 2022 Appellant Submissions (PDF 851 KB)
  • Hearing date 20 July and 21 July 2022 Appellants Outline of Oral Argument (PDF 85 KB)
  • Hearing date 20 July 2022 and 21 July 2022 Appellant Chronology (PDF 228 KB)
  • Hearing date 20 July 2022 21 July 2022 1st 3rd Respondent Submissions (PDF 744 KB)
  • Hearing date 20 July 2022 and 21 July 222 2nd 4th Respondent Submissions (PDF 433 KB)
  • Hearing date 20 July 2022 21 July 2022 Intervener submissions (PDF 173 KB)

  Hearing Transcripts

  • Hearing 20 July 2022 (PDF 927 KB)

  Related Documents

  High Court decision — CP GROUP LIMITED & ORS v AUCKLAND COUNCIL [2020] NZHC 89 [5 February 2020]

  Court of Appeal decision — C P GROUP LTD v AUCKLAND COUNCIL [2021] NZCA 587 [10 November 2021]

  Leave judgment - leave granted — AUCKLAND COUNCIL v C P GROUP LIMITED [2022] NZSC 31 [30 March 2022] (PDF 32 KB)

  Substantive judgment — AUCKLAND COUNCIL v C P GROUP LIMITED [2023] NZSC 53 [12 May 2023] (PDF 257 KB)