5 Oct 2022
The High Court allowed the appeal because the District Court judge decided the case on grounds not pleaded; the plaintiff had at best a bare, revocable licence (no actionable right of access) so there was no actionable nuisance, and because the licence was revoked and the plaintiff continued to enter the Club's land the defendant's counterclaim in trespass succeeded.
12 Apr 2022
Costs awarded to First Gas Limited on the standard approach: costs follow the event. The dispute did not raise public interest grounds sufficient to displace ordinary costs rules; the proceedings were appropriately categorised as Category 2, Band B given their nature and complexity; the award covers the substantive hearing and the earlier interim injunction and variation applications whose costs were reserved; enforcement and stay issues to be litigated separately.
9 Aug 2017
The caveat met s137 requirements because clause 40.2 in the lease created an arguable equitable interest (temporary easement/right of access) over the balance of the title; PCH demonstrated an arguable case that ECan was not entitled to cancel the lease because ECan may have failed to take reasonable steps to fulfil the condition in clause 40.1 and may have improperly relied on costs of a wider subdivision rather than the road itself; accordingly the caveat will not lapse pending trial.
4 Sept 2014
The caveat protects an arguable equitable easement securing access from Lot 4 to Yaldhurst Road and therefore shall remain over Lots 11–17 but must lapse as to Lot 18 (Identifier 440802) because it is not required to protect the applicants' access; leave reserved to respondent to seek further lapsing if and when affected land vests in Christchurch City Council; costs reserved.
16 Apr 2014
There was a serious issue to be tried regarding Wendco's access rights, but the balance of convenience favored allowing the Trust to proceed with Stages 2–4 of the reconstruction subject to conditions to preserve workable access; consequently the interim injunction preventing those works was declined and the Trust was directed to install temporary barriers/kerbing at its cost to minimise traffic disruption, with leave reserved to return to Court if disagreement persisted.
31 Mar 2014
The Court found there is a serious question to be tried on access and electricity interference, and that damages would be difficult to quantify; on the balance of convenience and overall justice limited interim injunctions should be granted to preserve Gladvale's access and power supply while confining lessor entry to lease‑authorised purposes.
19 Apr 2013
The parking easement, as expressed and having regard to the circumstances at grant, did not include a reasonably necessary ancillary right of vehicular access from the dominant tenement across the servient tenement; however pedestrian access is reasonably necessary and must be provided; the registered easement is valid and not void; a fence is permissible subject to conditions (pedestrian gateway and defendants to meet specified costs).
24 Oct 2012
The Court declined to recall its earlier judgment because it had considered and determined the issues raised: the berth sublicence agreements were invalid but sublicensees were arguably entitled to vehicular and pedestrian access as invitees of owners, there was no basis to rescind the interim injunction, joinder of the Village Association was unnecessary because access is governed by the Association rules, and the defendants' disqualification application became moot once joinder was declined.
2 Oct 2009
Court fixed substantive procedural steps 2, 8 and 9 at band 2C and all other steps at 2B; under r14.6(3)(a) increased the step 8 preparation allowance from two days to four days because preparation substantially exceeded the scale allowance; additionally increased the overall costs award by 15% to reflect the unique factor that the lease parties were correct and the litigation was brought by a third party despite objective support for the plaintiff's position; allowed second counsel for second defendant and separate costs awards for each defendant.
2 Oct 2009
Judge fixed substantive procedural steps 2, 8 and 9 at category 2C and other steps at 2B; increased preparation allowance for step 8 from two days to four days under r 14.6.3(a); applied an overall 20% uplift to reflect the unique factor that the litigation was brought by an outsider against parties to a lease who agreed on its meaning; confirmed defendants entitled to separate costs and second defendant entitled to second counsel.