4 May 2015
SINGH AND BOURCHIER AS TRUSTEES OF SHEAN SINGH FAMILY TRUST v POTTERS PARK PROPERTY LIMITED CA604/2014 [2015] NZCA 146
- Citation
- [2015] NZCA 146
- Court
- Court of Appeal
The appeal is dismissed because the Trust failed to obtain the resource consent for additional rear parking within the two-year condition in clause 3(d); although Potters breached an implied obligation by not assisting and by obtaining a one-way traffic condition, the Trust had effectively abandoned its original plan to obtain permanent rear parking and elected to defer the issue, and therefore the condition precedent was not fulfilled and the ROW agreement ended on expiry of the two-year period.