10 Feb 2020
The caveat was removed because the respondent unjustifiably refused to settle based on unproven allegations of contamination; the respondent bore responsibility for necessitating the proceedings and was ordered to pay the applicant's modest costs of $3,345 together with disbursements fixed by the registrar.
25 Aug 2015
The 'good order and clean and tidy' repair covenant in the 1985 tenancies extended to the land including the subsurface and required remediation of hydrocarbon contamination caused by Mobil and its predecessor companies during their occupation; pre-1985 leases did not necessarily authorise the contamination or absolve Mobil of liability, and read against the commercial and negotiation context the 1985 tenancies imposed a remediation obligation for contamination caused by the Mobil group (court entered judgment for agreed remediation cost of NZD 10,000,000).