26 Aug 2015
BODY CORPORATE 341188 v DISTRICT COURT AT AUCKLAND [2015] NZCA 393
- Citation
- (2015) 16 NZCPR 667
- Court
- Court of Appeal
Read together with the Memorandum of Encumbrance and having regard to the statutory and factual context, the covenant was intended in substance to confer on the registered proprietors of Lot 2 a positive exclusive right to use the area marked 'A' for car parking and the right to use the access ways marked 'F' and 'G'; the negative drafting did not defeat that substantive right given the positive obligations to maintain and fund the carpark.