12 February 2010
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.
For further information, please contact:
Senior communications manager
+64 (0) 9 255 9089
+64 (0) 27 477 6120