26 Jun 2015
MARK WAYNE FORD v CHARLES RICHARD ENSOR [2015] NZHC 1459
- Citation
- [2015] NZHC 1459
- Court
- High Court
The Timber Cutting Rights Deed creates an immediate binding profit à prendre capable of supporting a caveat despite the need for resource consents because the parties intended to be bound and the registered proprietor is committed to the arrangement; the caveat sufficiently identified the instrument and land for present purposes; the Court declined to exercise its residual discretion to remove the caveat because there was a realistic prospect of practical benefit to the caveator. The caveat is therefore sustained on an interim basis subject to conditions concerning the subdivided lot sold to…