Johns Road Horticultural Limited v Powell

[2023] NZHC 255

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2022-409-288

[2023] NZHC 255

BETWEEN

JOHNS ROAD HORTICULTURAL LIMITED
Applicant

AND

JOHN WILLIAM POWELL

First Respondent

AND

DEVONDALE NURSERIES LIMITED

Second Respondent

AND

BELFAST VILLAGE CENTRE LIMITED

Interested Party

AND

ATTORNEY-GENERAL

Party directed to be served

Hearing:

21 February 2023

Appearances:

A L Davidson and S D Munro for Applicant

S P Rennie for John Powell Ltd and Devondale Nurseries Ltd M K Prendergast for Belfast Village Centre Ltd
A Hill for Attorney-General

Judgment:

21 February 2023

JUDGMENT OF DUNNINGHAM J

[1]        The parties have reached agreement on the removal of the easements in question and I formally make the orders that are sought in both applications.

[2]        A brief written decision setting out my reasons for granting the applications will issue in due course.

JOHNS ROAD HORTICULTURAL LIMITED v POWELL [2023] NZHC 255 [21 February 2023]

[3]As agreed, costs are to lie where they fall.

Solicitors:

Anderson Lloyd, Christchurch Rhodes & Co., Christchurch

Hornabrook MacDonald, Auckland Crown Law, Wellington

Copy To:

M K Prendergast, Barrister, Christchurch