16 Feb 2023
NICHOLAS v TE AMO [2023] NZCA 22
- Citation
- [2023] 2 NZLR 620
- Court
- Court of Appeal
The trustees by their terms of consent to the Ministry's licence represented that the licence would entitle the Martin family to occupy the house until 31 May 2066; the appellant relied on that representation, incurred expenditure and upkeep, and it would be unconscionable for the trustees to deny occupation — accordingly the trustees are estopped and the appellant has a right to possession and occupation of the house and its curtilage until 31 May 2066 under s 18(1)(a).