31 Oct 2012
IAKOPO and ANOR v RUTHERFORD HC AK CIV-2012-404-001680
- Citation
- openlaw-afbbf57b_1527_4dc5_866e_f42f61cbde82.pdf
- Court
- High Court
The defendants have no legal easement or entitlement to have the gates intrude on the plaintiffs' land; the agreement and attached plan did not run with the land on objective analysis; the plaintiffs established a serious question to be tried and the balance of convenience favoured interim relief preventing intrusion; accordingly interim relief was granted and costs awarded to the plaintiffs on the standard scale limited to interlocutory steps.