Synlait Milk Ltd v New Zealand Industrial Park Ltd - [2020] 1 NZLR 657

Practice and procedure — Costs — Objection to claim for modification or extinguishment of restrictive covenant — Whether unsuccessful objector liable to or entitled to costs — Whether unsuccessful objection to claim “enforcement” of covenant — Whether costs of appeal to follow usual principles — High Court Rules 2016 r 14.6(4)(e).

Property law — Restrictive covenants — Modification or extinguishment — Principles — Approach of court — Parliamentary intention — Whether objection to claim for modification or extinguishment “enforcement” of covenant — Whether grounds for modification or extinguishment made out — Whether grounds to refuse order in discretion — Whether compensation appropriate — Whether unsuccessful objector liable to or entitled to costs — Property Law Act 2007 s 317.