6 Sept 2016
Spring Grove Land Ltd application for an Order extinguishing covenants [2016] NZHC 2109
- Citation
- [2016] NZHC 2109
- Court
- High Court
Because removal of the restrictive covenants from land to vest in the Council and to be transferred to Orion was necessary for the subdivision to proceed, individual surrenders were impractical and there was no detriment to beneficiaries, the Court should and did order surrender of the covenants (including without notice) and reserved leave for analogous orders in subsequent stages.