Lakes International Golf Management Limited and The Lakes International Golf Course Limited v Hartley Clendon Vincent - SC 99/2016

A Leave to appeal is granted (Vincent v Lakes International Golf Management Ltd [2016] NZCA 382).
B The approved questions are:
(i) Was the Court of Appeal correct to take into account, in its interpretation of the instrument creating the registered covenant (the covenant), extrinsic evidence of the factual matrix in which the covenant came into existence?
(ii) Was the Court of Appeal correct to find that the Lakes Resort Golf Club operated by the First Applicant is not the “Golf Club” for the purposes of cl 7 of the covenant?
21 November 2016
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A The appeal is dismissed.
B The respondent is entitled to $25,000 costs plus usual disbursements to be fixed by the Registrar if necessary.  We certify for second counsel.
29 June 2017