20 Dec 2013
BETHELL v BETHELL [2013] NZHC 3492
- Citation
- [2013] NZHC 3492
- Court
- High Court
The deed granted Chrissie the right to call for up to ten acres comprising the camping ground and the clay patch; she exercised that right by oral calls in 1991 acquiring an equitable interest identifiable by extrinsic evidence; Ross breached his obligation to take reasonable steps to obtain council consent and to effect transfer after consent; damages were inadequate and laches/hardship did not bar relief; specific performance ordered requiring transfer of Lot 1 (4.047 hectares) as per the May 2007 council approval; Maria's 2004 life interest exists but is subordinate to Chrissie's earlier e…