Fox to plead case in court to stay open

Defence evidence in the long-running battle between giant mall owner Westfield and shopping centre minnow Fox is expected to open in the High Court at Auckland today.

In the past two days, Westfield has presented evidence challenging the legality of Fox's resource consent. Now, Fox owner Discount Brands is expected to mount its defence for the legality of its centre at 3 Akoranga Drive, Northcote.

Westfield's case is that the North Shore City Council erred in not notifying Fox's application and proceeded "behind closed doors".

The company, which owns 11 malls in New Zealand, has cited its successful Supreme Court challenge which resulted in Fox's first consent being quashed.

Information which Fox supplied for its first resource consent from the council was found by the Supreme Court to be "woefully insufficient", said Westfield's lawyer Jim Farmer.

Westfield is now challenging Fox's second consent, which it said was regarded as a "back-up" so it could stay open. But that second consent was applied for when Fox already had its first consent.

"That is, there was no need for a second consent, except as insurance against a negative [Supreme Court] decision," Farmer said.

Westfield and Northcote Mainstreet are taking the case against the council, Discount Brands Outlet Centres and Discount Brands.

Westfield said the first and second consents had been granted on a non-notified basis which was wrong.

Timely action

February 5, last year: High Court quashes first Fox consent.

June 16, last year: Court of Appeal reinstates consent.

July 8, last year: Fox applies for second "backup" consent.

April this year: Supreme Court quashes first consent.

Fox uses "backup" consent.

November 7: Westfield opens case challenging that second consent.