20 Aug 2014
BA TRUSTEES LTD v MA'A LTD [2014] NZHC 1967
- Citation
- [2014] NZHC 1967
- Court
- High Court
The court varied the easement under s 317 to permit the garage to remain within defined limits, declared the garage had a frontage wholly on the right-of-way, ordered the second defendants to remove the encroaching part by a date specified, and allocated costs to reflect the mixed outcomes: plaintiffs awarded costs against first defendants to 22 October 2013, plaintiffs awarded 50% of post-22 October 2013 costs against second defendants, and second defendants awarded costs on their counterclaim, resulting in a modest net payment by the second defendants to the plaintiffs.