1 Mar 2022
NDM CONSTRUCTION LTD v NORTH RIDGE LIVING NO. 3 LTD [2022] NZHC 320
- Citation
- (2022) 22 NZCPR 985
- Court
- High Court
NDM demonstrated a reasonably arguable case that NRL may not have taken all reasonable steps to procure the subdivision consent by the contractual deadline and there are disputed facts requiring trial; balancing the contractual no‑caveat clause against the need to protect a plausibly existing equitable interest, the court declined to exercise its discretion to remove the caveat and ordered the caveat not to lapse pending substantive proceedings subject to conditions.