GENERAL: AIA: Auckland Airport to defend Craigie Trust Appeal
12 Feb 2010 10:57 am
AIA
12/02/2010
GENERAL
REL: 1056 HRS Auckland International Airport Limited
GENERAL: AIA: Auckland Airport to defend Craigie Trust Appeal
Auckland Airport has been made aware that the Craigie Trust intends to appeal
to the Supreme Court against the Court of Appeal's decision in December 2009
that upheld the earlier High Court ruling in favour of Auckland Airport.
The claim for land made by the Craigie Trust under the Public Works Act was
originally heard before the High Court in March 2008.
Following the dismissal of the claim by the High Court in June 2008, an
appeal was heard by the Court of Appeal in September 2009. In its decision
released in December 2009, the Court of Appeal dismissed the claim as the
land is still required for a public work. Further, the Court of Appeal ruled
that even if not required for a public work it would be unfair, unreasonable
and impracticable to require the land to be offered back.
Auckland Airport is disappointed that the Craigie Trust has sought leave to
appeal further and remains strongly of the view that the claim is without
merit and the High Court and Court of Appeal decisions were entirely
appropriate. Auckland Airport intends to oppose the Craigie Trust's
application for leave to appeal and will strongly defend any appeal to the
Supreme Court if leave to appeal is granted.