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Green Growth No. 2 Limited v Queen Elizabeth The Second National Trust - SC 84/2016

Media releases

Summary

Civil Appeal – Whether the Court of Appeal erred in holding that the respondent was entitled to rectification of the covenant – Whether the Court of Appeal erred in holding that the covenant was not invalid – Whether the Court of Appeal erred in holding that the respondent’s notification of the covenant was not wrongful in terms of s 81 of the Land Transfer Act 1952.   [2016] NZCA 308   CA47/2015

Result

A The appeal is allowed to the extent only that the order for rectification is set aside.
B There is a declaration that for the purposes of cls 2 and 7 of the second schedule of the open space covenant references to “protected area” mean the whole block of land subject to the covenant.
C The appellant is to pay the respondent costs of $25,000 and usual disbursements.
17 August 2018
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A  The application for partial recall of this Court’s judgment of 17 August 2018 (Green Growth No 2 Ltd v Queen Elizabeth the Second National Trust [2018] NZSC 75) is dismissed.
B There is no order for costs.  
26 November 2018

Hearing Transcripts

Related Documents

Court of Appeal decision — GREEN GROWTH NO. 2 LIMITED v QUEEN ELIZABETH THE SECOND NATIONAL TRUST [2018] NZSC 115 [26 November 2018] (PDF 56 KB)

Leave judgment - leave granted — GREEN GROWTH NO. 2 LIMITED v QUEEN ELIZABETH THE SECOND NATIONAL TRUST [2017] NZSC 127 [28 August 2017] (PDF 94 KB)

Substantive judgment — GREEN GROWTH NO. 2 LIMITED v QUEEN ELIZABETH THE SECOND NATIONAL TRUST [2018] NZSC 75 [17 August 2018] (PDF 352 KB)

Recall judgment — GREEN GROWTH NO. 2 LIMITED v QUEEN ELIZABETH THE SECOND NATIONAL TRUST [2018] NZSC 115 [26 November 2018] (PDF 56 KB)