14 Aug 2023
The Court granted the variation because procedural prerequisites (leave and service) had been satisfied, the territorial authority consented, the majority of affected landowners consented, and the remaining respondents did not oppose; therefore the draft orders were appropriate and were made.
12 Sept 2019
Respondents were substantially successful notwithstanding the appeal was allowed in part; a 20% reduction in the normal costs award was appropriate because the Court altered the covenant wording; respondents are entitled to 80% of costs on a 2B High Court scale, to be fixed by the Registrar if not agreed; District Court costs should lie where they fall and without prejudice except as to costs correspondence did not alter the nature of the District Court application.