28 Feb 2022
AUCKLAND COUNCIL v ANALIE PROPERTIES LIMITED [2022] NZHC 269
- Citation
- (2022) 22 NZCPR 872
- Court
- High Court
The Court held the respondents did not possess any legal or equitable interest in the Council's carpark land (no constructive trust/in personam equity established), ordered removal of caveats under s142 LTA, and exercised its s317 PLA jurisdiction (grounds a(iii), d and f) to wholly extinguish restrictive covenants on Council land because the covenants were arbitrary in application, few benefited parties opposed the change, the original scheme purpose had been achieved, and extinguishment would not substantially injure beneficiaries; the Court declined to grant an abstract declaration on whet…