Botany Land Development Limited v Auckland Council

Sale of land – caveats

Botany Land Development Limited v Auckland Council – [2014] NZCA 61 – O’Regan P, Stevens and Asher JJ – 13 March 2014
Sale of designated land at Maraetai historically owned by D family – registered covenant required offer to sell land to Council on family ceasing to occupy – whether reasonably arguable case for caveatable interest – whether agreement to sell to third party was repudiation of obligation to offer land to Council – whether right to order for specific performance where breach anticipated – whether terms of encumbrance disentitled Council from lodging caveat. 

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