15 Mar 2023
BEECHNEST (2014) LIMITED v MARSHALL [2023] NZHC 519
- Citation
- [2023] NZHC 519
- Court
- High Court
The appeal is dismissed because the appellant failed to establish on the balance of probabilities that extinguishing the restrictive covenants would not substantially injure persons entitled (notably the neighbours most affected), the mistake in imposing the covenants did not constitute a statutory change of circumstances or otherwise make it just and equitable to modify, s317(1)(b) did not apply, and the trial judge properly exercised his discretion (justice favoured respondents); District Court judgment affirmed.