9 Aug 2022
RE GLADSTONE HEIGHTS LTD [2022] NZHC 1953
- Citation
- [2022] NZHC 1953
- Court
- High Court
The Court granted an order under s317 modifying/extinguishing covenant 11331709.19 insofar as it applies to Lot 100 because the covenant, as applied to Lot 100, unreasonably impeded the practical ability to carry out the consented staged subdivision, purchasers did not expect the restriction, there was no evidence of substantial injury or prejudice to persons entitled, and the statutory threshold in s317(1)(d) was satisfied.