30 Mar 2016
BREAM TAIL RESIDENTS ASSOC INC v WONG [2016] NZHC 537
- Citation
- [2016] NZHC 537
- Court
- High Court
By applying ordinary meaning and contextual interpretation the Court concluded the bylaws are clear: bylaw 1.1 prohibits subdivision of Lots generally and bylaw 1.2’s exception applies only to the Owners of the specified composite Lots (ie the Owners of Lot 2 and 41 when those Lots existed as a combined holding). Mr Wong, as sole owner of Lot 41, does not fall within that exception and is therefore prohibited from subdividing Lot 41; a declaration and permanent injunction were granted accordingly.