Environmental law partner, Lachlan Muldowney, recently appeared in the New Zealand Court of Appeal and successfully argued that a large format retail development including the Pak n Save supermarket should proceed in Te Awamutu. 

The Court of Appeal decision is the final battle in a long running turf war between supermarket giants Foodstuffs and Progressive Enterprises. 

Tompkins Wake acted for Bilimag Holdings Limited, the private developer behind the proposed large format retail complex at Cambridge Road, Te Awamutu.  Foodstuffs intends building a Pak n Save supermarket in the complex and this move attracted strong opposition from its trade competitor, Progressive Enterprises, which operates a Woolworths supermarket in central Te Awamutu.

Tompkins Wake was there from the start.  We successfully argued Bilimag’s case at the Council hearing stage in December 2006, in the Environment Court on appeal in December 2007, in the High Court twice on appeal, and finally in the Court of Appeal in May this year. 

 We’re proud of the commercial results we’ve achieved for our client.  It’s a great example of how we do business.  Applying our expertise to our client’s cause, staying focussed on the commercial objectives and not letting up, whatever challenges we face.