7 Feb 2013
QUEEN ELIZABETH THE SECOND NATIONAL TRUST V GREEN GROWTH NO.2 LIMITED HC AK CIV-2012-404-004592
- Citation
- openlaw-cdac0b6b_8ac4_4da8_a646_f65eb9eef1b0.pdf
- Court
- High Court
On summary judgment the Court held the covenant could not be construed to apply the detailed second-schedule restrictions to the whole title because the undefined 'protected area' rendered the intended wider restriction uncertain and the plaintiff failed to prove, on admissible evidence, the common intention necessary for rectification; however the registered covenant is an interest in land under s22(6) QEII Act and attracts indefeasibility under s62 Land Transfer Act, and the defendant's counterclaim to remove the covenant failed because it did not establish actual fraud or other recognised…