20 Jul 2022
HURLIMANN v LILLEY [2022] NZHC 1751
- Citation
- (2022) 23 NZCPR 496
- Court
- High Court
Clause 23 must be read in context and permitted the vendors to require restrictive covenants; the plaintiff received independent legal advice and freely elected to accept the covenants to preserve the purchase (no illegitimate pressure/duress); the vendors did not exercise any contractual power so unreasonably or in bad faith as to justify overturning; removal or modification under s 317 PLA 2007 was not just and equitable on the evidence, therefore the application to remove covenants is dismissed.