17 May 2023
HÜRLIMANN v LILLEY [2023] NZCA 173
- Citation
- [2023] NZCA 173
- Court
- Court of Appeal
The Court upheld the High Court: clause 23 did not prevent the respondents registering covenants; appellant gave informed, voluntary consent after legal advice and elected to proceed for commercial benefit; no duress or abuse of power proved; on facts it was not just and equitable to extinguish or modify the covenants under s 317(1)(f).