3 Jun 2014
GHUZNEE HOLDINGS LTD v PATI and MARQUES [2014] NZHC 1222
- Citation
- [2014] NZHC 1222
- Court
- High Court
The court held the Deed of Modification evidenced an intention that the covenant run with the land and be enforceable by successors, so Ghuznee may enforce it; however Ghuznee's purported exercise of the option was arguably invalid because the option may have been triggered no later than October 2012 and was not exercised within the contractually stipulated 30 days, giving the defendants an arguable defence and rendering summary judgment inappropriate; accordingly the application for summary judgment was dismissed.