17 Jan 2019
JOHNS and JOHNS v WU and CHENG [2019] NZHC 12
- Citation
- [2019] NZHC 12
- Court
- High Court
The court held that the covenant remains enforceable in respect of design and materials but is not enforceable as to the minimum build cost in sub-clause (c)(ii) because the Modal Housing Cost Index was discontinued and there is no single, reliable, objectively ascertainable substitute mechanism of general application; additionally the minimum build cost requirement does not apply to a secondary/minor dwelling (it was intended to secure at least one principal dwelling meeting the minimum), and on the facts the Council acted appropriately and no negligence or loss to plaintiffs was established…