13 Jul 2022
BOWEN v THE PICCADILLY ARCADE BODY CORPORATE S79616 [2022] NZHC 1652
- Citation
- [2022] NZHC 1652
- Court
- High Court
The High Court affirmed the District Court: although the nature and extent of use of the right of way had changed, other legitimate uses (ventilation, maintenance, roof access and incidental development restraint) remained; the Bowens failed to satisfy s317(1)(b) and s317(1)(d) and did not discharge the onus to show extinguishment was justified; the Judge did not create a new easement; application to admit further evidence was refused as not fresh or cogent.