9 Mar 2021
TEECE v VEINT [2021] NZHC 409
- Citation
- (2021) 22 NZCPR 87
- Court
- High Court
The caveat was sustained because the applicants established a reasonably arguable case for an equitable easement; the factual context (investigations pre-2004, a mutual stay, respondent's acquiescence and acknowledgement in the subsequent sale agreement) meant the delay did not remove any reasonable expectation of obtaining specific performance or other benefit and respondent did not establish that equities overwhelmingly favoured removal; leave reserved to impose conditions requiring diligent prosecution and possible undertakings.