23 May 2006
ANCHORAGE HOLIDAYS LIMITED V STEVENSON AND EARL AS TRUSTEES OF THE STEVENSON FAMILY TRUST HC NEL CIV 2005 442 220
- Citation
- openlaw-d428eb24_6629_4eaa_8742_7ce4c1273aba.pdf
- Court
- High Court
Section 129A does not apply to partial encroachments and is limited to buildings erected entirely on the wrong land; s129 relief is discretionary and will not be granted where the encroachment was intentional or arose from gross negligence by the predecessors and the successor company is tainted by that conduct; on the facts the predecessor intentionally encroached and the company knew of the encroachment at transfer, so relief under s129 and s129A is refused.