11 Mar 2015
MENZIES v OMANU HOLDINGS LTD [2015] NZHC 441
- Citation
- [2015] NZHC 441
- Court
- High Court
The Court was not convinced the covenant, as conventionally interpreted, clearly incorporates the deposited plan prescription but held there is a tenable, qualifying rectification issue to be tried; on the balance of convenience and overall justice an interim injunction should issue restraining the defendant from proceeding inconsistent with the plaintiffs' claimed height restrictions until final resolution, and the final application should be given a priority fixture.