6 Aug 2013
ABCDE INVESTMENTS LIMITED & ORS V VAN GOG CA345/2012 [2013] NZCA 351
- Citation
- (2013) 14 NZCPR 736 (CA)
- Court
- Court of Appeal
Clause 3(1) of the encumbrance, read plainly, unconditionally grants the encumbrancee an exclusive right to exercise the letting service and creates an enforceable restriction on owners who choose to let their units; the second part of clause 3 merely acknowledges the managers' liberty to contract with the body corporate and does not qualify or render the first part conditional; therefore the encumbrance is enforceable and the appeal fails.