4 Apr 2014
NORTH HOLDINGS DEVELOPMENT LIMITED AND NORTH HOLDINGS INVESTMENT LIMITED, CATCHLAY INVESTMENTS LIMITED, OMAHANUI HOLDINGS LIMITED, GRD MARKETING LIMITED, PE GA INVESTMENTS LIMITED, SOOK JIN SUSAN LEE, RJA INDUSTRIAL LIMITED, KGH HOLDINGS LIMITED, MARK JOH
- Citation
- openlaw-73fb009b_2d27_47f8_a33a_31b8071a9cd5.pdf
- Court
- High Court
The Court found a material change in circumstances (re-zoning from heavy industrial to mixed use) that caused the covenant to impede reasonable use in an unforeseen way; the proposed modification would not substantially injure the respondent because it holds a five‑year certificate of compliance and applicants undertook not to withhold approval of respondent's consented plans; on balancing the public and private interests the Court exercised its discretion to modify the covenant (rather than extinguish) as set out in the amended form.