Remarkable Wines Limited v Camp Creek Limited
[2015] NZHC 2478
•9 October 2015
IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
CIV-2015-425-000086 [2015] NZHC 2478
BETWEEN REMARKABLE WINES LIMITED
Applicant
AND
CAMP CREEK LIMITED Respondent
Hearing: 9 October 2015 (By way of telephone conference) Appearances:
G Stewart for Applicant
J Moss for RespondentJudgment:
9 October 2015
JUDGMENT OF DUNNINGHAM J
[1] For the reasons set out in my minute of 7 October 2015, an urgent telephone conference was convened today to deal with the applicant’s application to sustain a caveat over the property of the respondent.
[2] Having received further affidavit evidence, and having heard from the parties, I am satisfied that the application to sustain the caveat should be declined.
[3] While time does not permit me to set out my reasons in full, it transpired during the course of the telephone conference that the applicant accepted the surveyor’s evidence that an easement to take and convey water was in place. The real concern was whether a subsequent purchaser, such as Ms Findlay, would accept the obligations which arose under the easement, and allow practical exercise of it. For example, there is a suggestion that the current owners have taken steps to divert the water away from the intake structure to prevent practical exercise of the
easement.
REMARKABLE WINES LIMITED v CAMP CREEK LIMITED [2015] NZHC 2478 [9 October 2015]
[4] However, as I explained to the parties, the Court cannot deal with the breach of the rights which arise under an existing easement, through proceedings to sustain a caveat for the equivalent purpose of the existing registered interest.
[5] Accordingly, the application to sustain the caveat 10149723.1 registered against ID 2742 Otago Land Registry, is declined and the caveat is to immediately lapse.
[6] A more detailed judgment setting out my reasons will follow in due course. [7] Costs are reserved.
Solicitors:
Stewart & Associates, Alexandra
Canterbury Legal Services, Christchurch
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