BU and others v KC [2021] NZDT 1712 (13 December 2021) [pdf, 152 KB]
...of the lease to allow KC exclusive use of her portion of land. If the applicant’s breached that underlining term, then it follows that KC would need to prove her right by engaging a surveyor. That is what occurred, and KC incurred a fee for that service. The survey plan was most helpful for the determination of this dispute and to prove that the letterboxes infringed KC’s right to exclusive use. As I am satisfied that the applicant’s failed to prove they were entitled to have the let...