20 Feb 2020
AAL Holdings Ltd v Dai [2020] NZHC 211
- Citation
- [2020] NZHC 211
- Court
- High Court
There was a live dispute suitable for declaratory relief; clauses 33-35 when properly construed created an agreement to lease the Relevant Area and imposed obligations by reference to the parties as identified (not limited to their capacity as lessees of individual flats), the covenants touch and concern the land and therefore run with the reversion so AAL (holder of the relevant freehold share) can enforce those covenants against the co-owners under s 231(1)(b) PLA; accordingly AAL's summary judgment succeeds and Justitiae's summary judgment/strike-out fails.