26 Jun 2019
KAPUKA HOLDINGS LIMITED v D J HARRISON LIMITED [2019] NZHC 1462 .
- Citation
- [2019] NZHC 1462
- Court
- High Court
Because the defendant, during the hearing, adopted a practical position resolving the principal impediments (agreement to relocate the power cable and to treat the works as subdivision costs) and the subdivision agreement governed the process, the Court exercised its discretion under s339(1)(b) to order division/subdivision in accordance with the 29 June 2017 plan rather than order sale of the whole property.
- S 339 property law act 2007
- Order for sale vs order for division
- Subdivision agreement enforcement
- Easement relocation
- Water supply rights
- Allocation of subdivision costs