A legal fight over a caveat which threatened to block the sale of a tavern at Gibbston has been resolved in the High Court.
Remarkable Wines Ltd applied to have a caveat remain on the title of neighbouring Gibbston Tavern's land, which is being sold.
The caveat related to a 2010 easement across neighbouring Camp Creek Ltd's property to access water.
However, the application was declined by Justice Rachel Dunningham.
Christchurch barrister Jai Moss, on behalf of Camp Creek, told the High Court another easement already existed on the land.
He said the sole reason for the application ''is to frustrate the conditional sale and purchase agreement for the property ... in order to obtain leverage to settle related proceedings between the applicant and the respondent in the District Court.''
It is claimed Remarkable Wines director Richard Guthrey also sought leverage to resolve the encroachment of the wine cellar's building over Gibbston Tavern publican Nicola Field's property.
Justice Dunningham found the existing easement satisfied the right claimed by the company.
That conclusion, she says, meant she did not have to consider Mr Moss' contention the application was a bargaining chip.
- Mountain Scene
