Court of Appeal Wellington
CA181/04
16, 17 November 2004; 23 June 2005
Anderson P, Glazebrook and William Young JJ
CA181/04
16, 17 November 2004; 23 June 2005
Anderson P, Glazebrook and William Young JJ
Property law — Restrictive covenants — Covenant in gross — Covenants recorded in encumbrance registered against title — Covenants restricting use of land as meat processing plant — Whether enforceable against subsequent successors and assigns — Whether jurisdiction to modify encumbrance — Property Law Act 1952, ss 64, 64A, 104 and 126G.
Commercial law — Commerce Act 1986 — Encumbrance against title to land restricting use of meat processing plant — Whether substantially lessening competition — Commerce Act 1986, ss 27 and 28.
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