28 Feb 2020
FOX MORTIMER TRUSTEE CO LTD v MGH TRAH LTD [2020] NZHC 321
- Citation
- [2020] NZHC 321
- Court
- High Court
Clause 21, read in its factual context and against the confirmed subdivision plan and prior representations, is a restrictive covenant: it permits only one dwelling on Lot 1, that dwelling must be single level and located within the 400m2 building platform marked X and positioned to minimise impairment of Lot 2's view; defendants had represented they could not subdivide Lot 1 and the covenant was intended to run with the land; accordingly plaintiff is entitled to a declaration, to sustain the caveat and to permanent injunctive relief restraining works inconsistent with the covenant; defendant…
- Restrictive covenant
- Contract interpretation
- Misleading or deceptive conduct in trade
- Permanent injunction (quia timet)
- Caveat and registration of equitable interests
- Interest on withheld purchase funds