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Judgment: Court Orders Review Of Cathedral Demolition

Posted By admin On November 15, 2012 @ 4:40 pm In PressRelease | Comments Disabled

Press Release – New Zealand High Court

The application for judicial review is granted and implementation of the decision of the Church Property Trustees made on 1 March 2012 is stayed until further order of the Court.[Full judgment Great_Christchurch_Buildings_Trust_v_Church_Property_Trustees_jud_201210.pdf [1]]

IN THE HIGH COURT OF NEW ZEALAND

CHRISTCHURCH REGISTRY

CIV-2012-409-001761

[2012] NZHC 3045

BETWEEN THE GREAT CHRISTCHURCH BUILDINGS TRUST Applicant

AND CHURCH PROPERTY TRUSTEES First Respondent

AND CANTERBURY EARTHQUAKE RECOVERY AUTHORITY Second Respondent

Hearing: 3 and 4 October 2012

Appearances: FMR Cooke QC, A V Foote and J A Leam for Applicant J V Ormsby, JWA Johnson and J-L Day for First Respondent G Gardner for Second Respondent

Judgment: 15 November 2012

INTERIM JUDGMENT OF CHISHOLM J

A The application for judicial review is granted and implementation of the decision of the Church Property Trustees made on 1 March 2012 is stayed until further order of the Court.

B This proceeding is adjourned to a date to be fixed after memoranda have been provided by counsel in accordance with [183].

C It is declared that while the Cathedral trust requires there to be a Cathedral on the site, the building does not necessarily have to replicate the Cathedral as it stood before the earthquakes.

D Leave is reserved to apply further.

E Costs are deferred in terms of [186].

[Full judgment Great_Christchurch_Buildings_Trust_v_Church_Property_Trustees_jud_201210.pdf [1]]

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