31 Jul 2015
GREGORY & ORS v EK TRUST LIMITED & ORS [2015] NZHC 1785
- Citation
- (2005) 16 NZCPR 519
- Court
- High Court
Interim relief refused: applicants' primary claim that the easement implies a right to install or maintain a gate on the servient land is weak (though not entirely frivolous) and the balance of convenience is roughly even; the alternative application to modify the easement under s 317 fails at the serious question to be tried threshold because dominant owners are not "persons bound" and therefore cannot invoke s 317; overall justice disfavors granting an injunction reinstating the gate.