New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Wheeldon v burrows

Legal area

Court

5 Sept 2023

NEUTRINO TRUST LTD v HAMILTON COSMOPOLITAN CLUB INC [2023] NZHC 2475

Citation

[2023] NZHC 2475
Court

High Court

The Court held that the defendant failed to prove on summary application that none of the plaintiff's causes of action could succeed; the equitable easement claim by implied grant, the statutory claims under the Property Law Act 2007 for landlocked land and wrongly placed structures are legally tenable and raise factual issues requiring full hearing or further evidence, so the strike-out and summary judgment applications were dismissed and the proceedings allowed to continue.
4 Feb 2009

MIKITASOV V COLLINS SC 76/2008

Citation

SC 76/2008
Court

Supreme Court

Leave to appeal was dismissed because the applicant failed to establish an arguable point of general or public importance or other basis under the Supreme Court Act 2003; the rule in Wheeldon v Burrows did not apply because prior use was not shown to have been for the benefit of the part transferred; the respondent's alleged representations were not established on the applicant's affidavits and the case was appropriately resolved on summary judgment.