19 Mar 2018
STREET v REX ALISTAIR FOUNTAINE [2018] NZCA 55
- Citation
- (2018) 19 NZCPR 236
- Court
- Court of Appeal
The Court held that contemporaneous documentary evidence, conduct of the parties, consideration and acts of part performance established equitable easements in respect of the lower water scheme infrastructure on Waikaramu and The Downs (including the 1993–1994 modifications as a variation), and ordered registration steps and ancillary notice-of-entry conditions; the High Court's contrary finding was set aside.