Attorney-General and Another v Birken-Head Borough and Another - [1968] NZLR 383

Town and country planning — Change of use — Detraction from amenities — Block of flats erected in residential area — No consent by Council — Breach of statutory public duty — Declaration and injunction sought by Attorney-General and a person affected — Locus standi of private individual — Injunction inappropriate in circumstances — Whether claim for damages arises in such cases — Town and Country Planning Act 1953, s. 38A.

Damages — Rules and principles in awarding damages — Breach of statutory public duty — Special damage — Whether private right recognised by law infringed — Whether claim to damages arises — Chancery Amendment Act 1858 (Lord Cairns's Act).