New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Drafting error

Legal area

Court

5 Jul 2023

THE ESTATE OF ROBERT GLENCROSS [2023] NZHC 1722

Citation

[2023] NZHC 1722
Court

High Court

The court corrected the will by consent under s 31 Wills Act 2007 because contemporaneous evidence (emails and solicitor file) established the deceased's clear intention that the residuary estate go to his partner, and the interested beneficiaries (the children) and their representatives concurred; correction was necessary to carry out the testator's intention and avoid unjust property consequences.
26 Aug 2022

MANAWA DEVELOPMENT HOLDINGS LIMITED PARTNERSHIP v TAURANGA CITY COUNCIL [2022] NZHC 2138

Citation

[2022] NZHC 2138
Court

High Court

The Court accepted that inclusion of Lot 101 as a servient tenement was a drafting error inconsistent with the original parties' intention, found the proposed modification would not substantially injure any person entitled because equivalent protections are recorded elsewhere, and that, given the impediment to reasonable use and significant commercial and contractual consequences, it was just and equitable under s317 PLA to modify the covenant by excising Lot 101 from the servient tenement description.