An injunction to halt a Hamilton nursery school's building plans has failed.

But the legal battle is not over for Woodmont Nursery as the Corporation of Hamilton has vowed to appeal against the injunction decision.

Justice Vincent Meerabux made the decision yesterday after a two-day hearing.

The injunction was lodged to stop further building of the extension at the school, at the junction of Cedar Avenue and Dundonald Street West, pending an appeal against the Minister of Environment, who orginally granted approval.

Yesterday, Corporation of Hamilton Secretary Roger Sherratt confirmed they would be appealing the injunction decision quickly, within the two-week period allowed.

The appeal is expected to be heard before a single judge in the Court of Appeal during the next sitting in September.

Meanwhile, construction work at the school is going ahead and school owner Dorothy Billings said the project should be completed by the end of August.

Mrs. Billings said she was relieved that the injunction failed but said she was holding her breath for the next legal action.

She said the new buildings would enable her to create extra space for existing pupils and reduce her 50-strong waiting list -- which she has been unable to do until now.