18 May 2023
KOKO RIDGE LTD [2023] NZHC 1187
- Citation
- [2023] NZHC 1187
- Court
- High Court
Leave was granted and without‑notice relief permitted because applicant demonstrated undue delay and prejudice from notifying numerous beneficiaries and showed it had made reasonable inquiries; on the merits s317(1) is satisfied as the relevant easements and covenants are redundant in relation to the areas to vest as public road due to changed circumstances (connection to Council services, decommissioning), extinguishment will not substantially injure beneficiaries, and therefore specified instruments should be extinguished as to the land to vest as road.