G W Wilfield Limited

In the High Court of New Zealand, Christchurch Registry, G W Wilfield Limited applied for an order to extinguish a covenant in order to allow for the subdivision of land into residential lots. The covenant required the owner of the affected land to provide written approval for any application for subdivision of the dominant land, not inhibit such subdivision, and design, construct and operate chicken sheds in accordance with good trade practice using tunnel ventilation and using best endeavours to minimise discharge of air over the dominant land. The court was required to decide whether it was just and equitable to extinguish the covenant to allow for the subdivision. The court found that the extinguishment of the covenant was necessary to effect the vesting of the road and reserve in the Selwyn District Council or the Crown and for Wilfield to undertake the subdivision of the affected land. The extinguishment of the covenants for the land to be vested as road or reserve would not substantially injure the proprietors of the dominant land. The court granted Wilfield’s application for orders extinguishing the covenant in terms as sought. Any costs for registering the orders granted against the records of title for lots within the dominant land are to be paid by Wilfield.