Hayden Matthew Johnston & Earnscleugh Vineyard Ltd v Schist Mountain Orchards Litd - SC 75/2006

Civil – contract – interpretation of agreement for sale and purchase - whether Court of Appeal erred in determining that the agreement permitted the respondent to obtain consent for a subdivision that contained a right of way with dimensions fixed by the territorial authority and not limited to the minimum standards in the relevant District Plan and/or did not require the respondent to obtain the minimum dimensions acceptable to the territorial authority – whether Court of Appeal erred in determining the width of easement in question “of no real moment” – whether applicant able to insist on conditions that limit respondent’s use of easementCA 99/05 24 August 2006