10 Aug 2023
AGD TRUSTEE LIMITED, v MILLBROOK COUNTRY CLUB LIMITED [2023] NZHC 2141
- Citation
- [2023] NZHC 2141
- Court
- High Court
The covenant was lawfully modified because substituting Millbrook Country Club Limited as the entity whose approval is required preserves the covenant's protective purpose, does not substantially injure dominant owners given Millbrook's representative governance and entrenched role in the development, and is justified by material change in the subdivision and use of the dominant land; unique opposition was resolved by a substitute covenant protecting those owners' interests.