5 May 2021
RCL HENLEY DOWNS LTD v RCL JACK’S POINT LTD & ORS v QUEENSTOWN LAKES DISTRICT COUNCIL [2021] NZHC 984
- Citation
- [2021] NZHC 984
- Court
- High Court
Applying s317(d) Property Law Act 2007 and the Synlait substantial-injury test, the Court held that extinguishment of the easement/covenant from proposed Lot 27 would not substantially injure any person entitled because QAC consented and the covenant confers no practical benefit; accordingly the covenant is extinguished from Lot 27 and from Lot 94 conditional on its vesting as reserve in the Council, with Registrar-General to note the extinguishment.