3 Oct 2016
STREET v FOUNTAINE [2016] NZHC 2343
- Citation
- [2016] NZHC 2343
- Court
- High Court
The plaintiffs failed to prove on the balance of probabilities that a contractual agreement existed to grant a registrable equitable easement over Waikaramu (or the other lands) and failed to establish part performance or equitable estoppel; the informal historical arrangements constituted permissive access/licences on notice and conditions rather than registrable rights; accordingly no equitable easement was declared or ordered and alternative equitable relief was refused.