8 May 2023
CHANDLER FARMS LTD v PETTERSON [2023] NZHC 1070
- Citation
- [2023] NZHC 1070
- Court
- High Court
The court found, on the evidence, that the covenants were registered against Lot 3 due to a drafting error and that all parties intended Lot 3 to receive the benefit but not bear the burden; s317(1)(d) and s317(1)(f) were engaged because modification would not substantially injure the Taylor trustees and it was just and equitable to restore the parties' intended positions; accordingly the covenant was modified to exclude Lot 3 and the second covenant extinguished; no compensation ordered.