15 Mar 2018
HILL AND TICKLE v ELIMELECH, LOCATI AND TRAFALGAR TRUSTEE CORPORATION LIMITED [2018] NZHC 449
- Citation
- [2018] NZHC 449
- Court
- High Court
The Land Transfer Regulations 2002 sch 4 cl 14 dispute resolution process was implied into the registered easement instrument by operation of the Land Transfer Act provisions; the instrument's 'and/or' formulation did not confer a unilateral right on the appellants to elect court enforcement under Property Law Act sch 5 to the exclusion of the LTR sch 4 arbitration process; the easement's status as over an access lot does not displace the implied dispute resolution clause; therefore a valid arbitration agreement existed and the District Court proceedings were properly stayed.