16 Sept 2013
HOSKEN v WU [2013] NZHC 2419
- Citation
- [2013] NZHC 2419
- Court
- High Court
The covenant contained a clerical error and was to be interpreted/rectified to effect the intended height restriction; equitable relief was appropriate in remedying breaches; nonetheless the defendant's conduct did not justify indemnity or increased costs and the plaintiffs' costs are to be assessed on the standard category 2B scale with allowable disbursements, less the defendant's entitlement to $5,640 for the abandoned summary judgment application.