9 Nov 2015
LAKES INTERNATIONAL GOLF MANAGEMENT LIMITED v VINCENT [2015] NZHC 2771
- Citation
- (2015) 16 NZCPR 807
- Court
- High Court
The Court held that the Covenant was not rendered unenforceable by the club being incorporated as a limited liability company rather than an incorporated society; the Covenant binds the registered proprietor (Mr Vincent) because trusts are not disclosed on the register and registered proprietors take subject to registered covenants; plaintiffs had standing to enforce — International Golf Management as successor in title under s301(2)(c) Property Law Act 2007 and International Golf Course under s4 Contracts (Privity) Act 1982 — and relief was to be declared and formalised by order.