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Court of Appeal Wellington
30 June; 1, 12 July 1993
McKay and Robertson JJ and Sir Gordon Bisson
30 June; 1, 12 July 1993
McKay and Robertson JJ and Sir Gordon Bisson
Property law — Restrictive covenants — Unit titles — Breach of height restriction covenant — Remedy — Whether mandatory injunction should issue or whether damages appropriate remedy.
Property law — Unit titles — Common property — Whether unit plan should define common property — Unit Titles Act 1972, ss 4, 5 and 5A.
Property law — Unit titles — Whether rules of body corporate could be altered by Court's declaration — Unit Titles Act 1972, s 37.
Equity — Fiduciary relationship — Parties beneficiaries under same will — One party aware of differences in will being to her advantage and to disadvantage of other party — Whether fiduciary relationship created.
Property law — Indefeasibility of title — Absence of contractual or fiduciary relationship — Whether principle of indefeasibility affected by constructive or equitable notice.