CAP D'AMARRES RESIDENTS' ASSOCIATION INCORPORATED V EDWARDS & ORS HC AK CIV 2011-404-006434

CAP D'AMARRES RESIDENTS' ASSOCIATION INCORPORATED V EDWARDS & ORS HC AK CIV 2011-404-006434

The sublicense was not valid because it was not executed by all required parties and lacked the Village Association's written approval as required by the Village Constitution; indoor management and estoppel could not cure that defect, but because it remained arguable that the sublicensee was an invitee under the CAP Association rules the interim injunction granted by Peters J (permitting up to two vehicles on the Morgans' lot) should not be rescinded and the joinder of the Village Association was unnecessary.

Citation
openlaw-3c90df33_a48c_456e_b275_78f7035802dc.pdf
Parties
First Plaintiff: Cap d'Amarres Residents' Association Incorporated; Second Plaintiff: Alan Flitcroft; Second Plaintiff: Chrystine Flitcroft; Third Plaintiff: Ian Clarence Jones; Third Plaintiff: Shirley Gwendoline Jones; Third Plaintiff: Shale Chambers; First Defendant: Simon Jeremy Rei Edwards; First Defendant: Kit Ping Tang; First Defendant: CST Trustees Limited; Second Defendant: David Donald Morgan; Second Defendant: Glennis Doreen Morgan; Second Defendant: Spicers Trustees Company (2005) Limited; Third Defendant: John Winter; Third Defendant: Anna Karinelis Elisabeth Winter; Third Defendant: Auckland Trustees & Executors Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 August 2012
Procedural Posture
Claim for Equitable Relief and Damages / Interlocutory Application to Rescind Interim Injunction and Joinder Application
Outcome
Plaintiffs' application to rescind the interim injunction dismissed; plaintiffs' application to join the Village Association dismissed; interim injunction remains in force permitting two vehicles on the Morgans' lot; defendants awarded costs.
Legal Topics
Sublicence Validity, Interim Injunction, Invitee Rights, Parking and Access Restrictions, Joinder
Property Contract Equity Civil Procedure Governance (constitutions/bylaws) Sublicence Validity Interim Injunction Invitee Rights +2 more

Case Brief

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Parties

Cap d'Amarres Residents' Association Incorporated

First Plaintiff

Alan Flitcroft

Second Plaintiff

Chrystine Flitcroft

Second Plaintiff

Ian Clarence Jones

Third Plaintiff

Shirley Gwendoline Jones

Third Plaintiff

Shale Chambers

Third Plaintiff

Simon Jeremy Rei Edwards

First Defendant

Kit Ping Tang

First Defendant

CST Trustees Limited

First Defendant

David Donald Morgan

Second Defendant

Glennis Doreen Morgan

Second Defendant

Spicers Trustees Company (2005) Limited

Second Defendant

John Winter

Third Defendant

Anna Karinelis Elisabeth Winter

Third Defendant

Auckland Trustees & Executors Limited

Third Defendant

Procedural Posture

Claim for Equitable Relief and Damages / Interlocutory Application to Rescind Interim Injunction and Joinder Application

Legal Issues

  1. 1 Whether the standard form sublicense was validly executed and approved in accordance with the Village Constitution
  2. 2 Whether the sublicense permits sublicensees or their invitees to drive into the Cap d'Amarres precinct
  3. 3 Whether sublicensees and their invitees qualify as "invitees" under the CAP Association rules and thus have access rights

Ratio Decidendi

The sublicense was not valid because it was not executed by all required parties and lacked the Village Association's written approval as required by the Village Constitution; indoor management and estoppel could not cure that defect, but because it remained arguable that the sublicensee was an invitee under the CAP Association rules the interim injunction granted by Peters J (permitting up to two vehicles on the Morgans' lot) should not be rescinded and the joinder of the Village Association was unnecessary.

Court Disposition

Plaintiffs' application to rescind the interim injunction dismissed; plaintiffs' application to join the Village Association dismissed; interim injunction remains in force permitting two vehicles on the Morgans' lot; defendants awarded costs.

Orders

  • Plaintiffs' application to rescind the interim injunction dismissed.
  • Plaintiffs' application to join the Gulf Harbour Marine Village Residents' Society Incorporated dismissed.