New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Cross-lease vs freehold
  • 14 Nov 2022

    AAL HOLDINGS LTD v AITKEN [2022] NZHC 2973

    Citation
    [2022] NZHC 2973
    Court
    High Court

    The Court ordered division in kind under s 339(1) and (4) on the parties' agreed terms because (a) expert evidence and valuers agreed freeholding with registered height covenants would enhance saleability and value, (b) unimpeded views from 121B were not a feature attaching to the land given the existing cross-lease development right over 121E and therefore were not a weighty s 342(f) consideration, and (c) 121 Ltd failed to establish compensable detriment or unfairness warranting refusal of division or payment under s 343(a).