17 Feb 2023
JOE & CO BUILDERS LIMITED v THOMPSON [2023] NZHC 224
- Citation
- [2023] NZHC 224
- Court
- High Court
The applicant failed to establish a reasonably arguable/tenable equitable interest because the respondents engaged a licensed surveyor who located and, where practicable, monumented boundaries such that as at service of the settlement notice the respondents had satisfied clause 6.1; missing monumentation at impracticable points (including access strips/shared driveway and a point over services) is permissible under the Cadastral Survey Rules and lodging a CSD within six months is a statutory requirement but not a precondition to contractual compliance, therefore the caveat must lapse.