31 Aug 2021
BODY CORPORATE 193056 v CHIN YUN HOLDINGS LIMITED [2021] NZCA 411
- Citation
- [2021] NZCA 411
- Court
- Court of Appeal
The appeal was allowed because the applicant (respondent in the appeal) failed to discharge the onus under s 317(1)(d) to prove the proposed complete relocation of the right of way would not substantially injure the easement holders; in particular the applicant produced no evidence of the nature of likely development enabled by relocation, and that absence meant potential intangible harms to amenity and value could not be discounted, requiring the High Court modification to be set aside.