17 Aug 2017
MARTINS BAY INVESTMENTS LIMITED v ALAN ASKHAM AND SUSAN ASKHAM [2017] NZHC 1963
- Citation
- (2017) 18 NZCPR854
- Court
- High Court
Extinguishment itself did not, on its own, amount to substantial injury but the constructed retaining wall caused material harm to access and amenity; overall justice required extinguishment to proceed only if reasonable compensation was paid therefore the court granted extinguishment subject to vesting conditions and ordered $80,000 compensation.