9 Jun 2016
PURDIE v TRUCKELL & ORS [2016] NZHC 1231
- Citation
- (2016) 17 NZCPR 499
- Court
- High Court
The Court held the sale to the Council, subsequent zoning/consent regime and physical excavation of a building platform constituted a change to Lot 2 and/or circumstances that would impede reasonable use such that s317(1)(a) and (b) jurisdiction exists; beneficiaries had not abandoned rights and modification would substantially injure them if unconstrained, so the Court exercised its residual discretion to grant a limited, conditional modification to the 2005 covenant to resolve the irreconcilable conflict with the 2010 consent while imposing specific protective measures (fencing, planting, s…