29 May 2020
PARKLANE INFRASTRUCT LIMITED v LU TRUSTEE LIMITED & ANOR [2020] NZHC 1182 [29 May 2020]
- Citation
- [2020] NZHC 1182
- Court
- High Court
The Court held there is a reasonably arguable case that the 14 February 2019 grant gave Parklane an equitable easement: the right was sufficiently certain to be the subject of a grant, there was at least arguable valuable consideration and an intention to create a proprietary right (not merely a personal licence), and the writing requirement was satisfied; accordingly it was not patently clear the caveat could not be sustained and the Court declined to exercise its discretion to remove the caveat, but preserved it on condition Parklane issue proceedings for specific performance within 15 work…