10 Nov 2023
The plaintiffs did not discharge the onus to displace the r 15.23 presumption because the discontinuance resulted from the plaintiffs' voluntary sale (not a supervening external event), the Council did not cause the litigation, and the merits were not so obviously in the plaintiffs' favour; accordingly the default rule applies and the plaintiffs must pay costs on a 2B basis of $14,101.
12 Oct 2022
The Court found there is a seriously arguable case that the registered memorandum of encumbrance is enforceable and that its protection of the "natural landscape" can extend to natural landform as well as trees and vegetation; Auckland Council likely erred in not limited-notifying affected interest holders by failing to take the encumbrance into account; balance of convenience favoured preservation of the plaintiffs' position because physical works (especially pruning and pool construction) would likely preclude effective relief at trial; accordingly interim injunctions and interim JRP Act or…