5 Sept 2014
BETHELL & ANOR v BETHELL CA33/2014 [2014] NZCA 442
- Citation
- [2014] NZCA 442
- Court
- Court of Appeal
The Deed must be read with the Will and the known factual matrix; the parties intended Christine to have a right to call for up to ten acres in the vicinity of the camping ground (including the clay patch), Christine acquired an equitable interest on execution of the Deed which was enforceable by specific performance once subdivision consent was obtained, Ross had implied obligations to facilitate and not impede the call and breached those obligations, and a subsequent defective family settlement by Ross in favour of Maria did not create an equitable interest with priority over Christine.