Synlait Milk Limited v New Zealand Industrial Park Limited and Ye Qing - SC 50/2019

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Summary

Civil – Property Law Act 2007, s 317 – Whether the Court of Appeal erred in allowing the appeal and declining to modify covenants burdening land owned by the appellant.

Result

A By consent, an order is made substituting Synlait Milk Ltd for Stonehill Trustee Ltd as applicant subject to the conditions set out in the joint memorandum of counsel dated 6 September 2019.
B Leave to appeal is granted to Synlait Milk Ltd as applicant (New Zealand Industrial Park Ltd v Stonehill Trustee Ltd [2019] NZCA 147).
C The approved question is whether the Court of Appeal was correct to reverse the decision of the High Court (Stonehill Trustee Ltd v New Zealand Industrial Park Ltd [2018] NZHC 2938).
D The application by Synlait Milk Ltd to adduce further evidence will be determined at or after the hearing of the appeal.
E Leave is granted for the respondents to file an affidavit or affidavits responding to the evidence that Synlait Milk Ltd seeks to adduce.  Such affidavit or affidavits must be filed on or before 15 November 2019.
29 October 2019
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A The appeal is allowed.
B There is no order as to costs.
22 December 2020

Hearing Transcripts

Related Documents

Additional Information

Hearing date 21 October 2019

Winkelmann CJ, Glazebrook and O'Regan JJ