1 Jul 2019
KINARA TRUSTEE LTD v INFINITY ENTERPRISES NZ LTD [2019] NZHC 1526
- Citation
- (2019) 20 NZCPR 318
- Court
- High Court
The Court held Kinara failed to prove an enforceable equitable easement by implied grant because the equitable interest was not shown to have survived the acquisition of indefeasible title by intervening registered proprietors (no evidence of actual knowledge/fraud); however Infinity's post‑purchase knowledge of the accessway, its acquiescence and silence while Kinara acted to its detriment (notably designing and constructing a building dependent on that access) made it unconscionable for Infinity to assert its legal title, so an equitable estoppel arose obliging Infinity to take steps to ena…