Lakes International Golf Management Limited and the Lakes International Golf Course Limited v Hartley Clendon Vincent

[2016] NZSC 153

IN THE SUPREME COURT OF NEW ZEALAND

SC 99/2016
[2016] NZSC 153

BETWEEN

LAKES INTERNATIONAL GOLF MANAGEMENT LIMITED
First Applicant

THE LAKES INTERNATIONAL GOLF COURSE LIMITED
Second Applicant

AND

HARTLEY CLENDON VINCENT
Respondent

Court:	William Young, Arnold and OʼRegan JJ
Counsel:	D J Goddard QC and A W Johnson for Applicants M J Fisher and K J Ng for Respondent
Judgment:	21 November 2016

JUDGMENT OF THE COURT

ALeave to appeal is granted (Vincent v Lakes International Golf Management Ltd [2016] NZCA 382).

B        The approved questions are:

(i)Was the Court of Appeal correct to take into account, in its interpretation of the instrument creating the registered covenant (the covenant), extrinsic evidence of the factual matrix in which the covenant came into existence?

(ii)Was the Court of Appeal correct to find that the Lakes Resort Golf Club operated by the First Applicant is not the “Golf Club” for the purposes of cl 7 of the covenant?

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Solicitors:
Martelli McKegg, Auckland for Applicants
Castle/Brown, Auckland for Respondent