Today the Court of Appeal dismissed an appeal by the Craigie Trust against a High Court judgment of June 2008, which had ruled in favour of Auckland Airport and held that the Craigie Trust’s claim rightly failed.
This decision confirms the view of Auckland Airport that the claim was without merit and the original High Court decision was entirely appropriate. Auckland Airport will defend any appeal to the Supreme Court if such an appeal is filed.
Auckland Airport received notice in September 2006 from the Craigie Trust of a claim regarding certain land acquired for airport uses during the 1970s.
The land in question is 36.4 hectares, a small proportion of Auckland Airport's total land holding. The Craigie Trust, as original owner of the land on which is situated vital airport infrastructure such as roads and electricity networks, asserted that the land is now surplus to airport requirements and should be offered back to it under the Public Works Act 1981.