20 Oct 2016
WAIHEKE ISLAND AIRPARK RESORT LIMITED v WAIHEKE AVIATION SERVICES LIMITED [2016] NZHC 2507
- Citation
- [2016] NZHC 2507
- Court
- High Court
WAS failed to establish a reasonably arguable proprietary interest in the managers cottage sufficient to sustain the caveat because the written DMA and lease, containing entire agreement/variation and no‑caveat provisions, superseded alleged oral variations; contemporaneous documents and later correspondence did not establish the requisite certainty or part performance to create a proprietary right, and any remedy is in damages not specific performance, so the caveat must be removed.