New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Exclusive use

Legal area

Court

9 Oct 2015

RICHARDSON ROAD MEDICAL CENTRE PHARMACY LTD v MT ROSKILL JOINT VENTURE LTD [2015] NZHC 2474

Citation

[2015] NZHC 2474
Court

High Court

The Court found there was a serious question to be tried that the lease and surrounding circumstances (including premium rent and purpose-built nature) contemplated exclusivity for the existing pharmacy such that permitting a second pharmacy would amount to derogation from grant; on balance of convenience an interim injunction should issue against the first and second defendants pending trial.
11 May 2007

COLLINS & TEE V KO & KIM HC AK CIV 2007-404-1808

Citation

openlaw-c368973c_7148_4c2f_976b_cbcb0db025ae.pdf
Court

High Court

The consent was at least arguably an equitable restrictive covenant capable of supporting a caveat and could bind subsequent proprietors; however retention of the caveat had no practical value because the respondents lacked unanimous consent of all co-owners required to obtain exclusive use and there was no reasonable expectation that such consent would be obtained, so the court exercised its discretion under s143 to remove the caveat.