30 Jul 2015
PHILPOTT & ORS V NOBLE INVESTMENTS LIMITED [2015] NZCA 342
- Citation
- [2015] NZCA 342
- Court
- Court of Appeal
Read in commercial context clauses 14 and 15 of the 2002 agreement reasonably imply an intention to create rights affecting Noble land (services and roading) capable of being the subject of equitable easements or other proprietary protection; on the summary threshold the appellants established a reasonably arguable proprietary interest sufficient to sustain caveat 1 (including Lot 11) and caveat 2 (2008 right of way); the Associate Judge's prescriptive condition [118](e) and the lapse as to Lot 11 were based on errors of fact or produced uncertainty and were quashed; leave to apply for lapse…