17 Jun 2015
BETHELL v BETHELL [2015] NZHC 1375
- Citation
- [2015] NZHC 1375
- Court
- High Court
The Court held the specific performance order required conveyance of 4.047 hectares (10 acres) to the plaintiff and the lodging of a survey plan conforming to that entitlement; the High Court has jurisdiction to make supplemental directions grounded on the post-order discovery of an error in the scheme plan, and accordingly ordered the defendant to take and pay for all steps necessary (including signing a revised s 223 survey plan and obtaining any required fresh resource consent) to effect transfer of Lot 1 as 10 acres; the five gates, the water tank and the wood-burner were fixtures and mus…