Ross Donald Macrae and Lynette Gweneth Joy Macrae v Anthony Patrick Walshe and others - SC 16/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that the right of way allows access only to a single dwelling on the dominant land and for naturally related or ancillary purposes – Whether the Court of Appeal erred in holding that the applicant’s property was a “dwelling” for the purpose of the easement– Whether the Court of Appeal erred in holding that the easement should be modified in accordance with that Court’ s conclusions – Whether the Court erred in relation to costs.[2013] NZCA 664 CA 814/2012
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the first respondent costs of $2,500.
22 July 2014
B The applicants must pay the first respondent costs of $2,500.
22 July 2014
Related Documents
Leave judgment - leave dismissed — ROSS DONALD MACRAE AND LYNETTE GWENETH JOY MACRAE v ANTHONY PATRICK WALSHE [2014] NZSC 96 22 July 2014 (PDF 55 KB)
Additional Information
MACRAE AND ANOR V WALSHE AND ORS CA814/2012 [2013] NZCA 664 19 December 2013