14 Jan 2022
LATTER v BONG [2022] NZHC 20
- Citation
- [2022] NZHC 20
- Court
- High Court
The court had jurisdiction under s 317 to extinguish all three covenants: the first two were extinguished because the vendor beneficiary (Land Projects Ltd) no longer exists and a dwelling exists on the land making the covenants purposeless, satisfying change of circumstances and just and equitable grounds; the third covenant was extinguished because several beneficiaries consented, other beneficiaries, having been properly served and informed, did not oppose and thereby abandoned or waived their rights, and development since 1985 has changed the neighbourhood so the covenant no longer has ut…