New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Subdivision development

Legal area

Court

7 Nov 2017

FAIRVIEW PROPERTY INVESTMENT [2017] NZHC 2723

Citation

[2017] NZHC 2723
Court

High Court

The Court was satisfied on the supporting affidavits that no persons other than the applicant would suffer detriment and that there was good reason to partially extinguish the specified land covenants; accordingly the ex parte application was appropriate and the orders for partial extinguishment and for the Registrar-General to remove the covenants were granted.
11 Aug 2017

FANG & ANOR v LIANG & ANOR [2017] NZHC 1909

Citation

[2017] NZHC 1909
Court

High Court

The interlocutory injunction to restrain physical works was dismissed because, although there was a serious question to be tried, the balance of convenience favoured completion of the subdivision given the late filing of the application when works were nearly complete, the absence of evidence of irreparable harm (damages would be adequate), and existing interim orders preserving the plaintiffs' financial interests.