4 Apr 2001
COLLIERS JARDINE MANAGEMENT LTD. v. NATURAL WAY DEVELOPMENT LTD. AND OTHERS
- Citation
- COLLIERS JARDINE MANAGEMENT LTD. v. NATURAL WAY DEVELOPMENT LTD. AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV1067/2000
The Court held that the Consent Order did not automatically bar the applicant from suing for new breaches of the Deed of Mutual Covenant arising from chimneys erected in 1999/2000 because those works were not shown to conform to the annexed plans or reasonable modifications; the Judge at the Lands Tribunal was wrong to strike out paragraphs 1(a), 2(a) and 2(e); whether the Consent Order covers the complained works and whether the 3rd respondent is entitled to rely on it are factual matters for trial; therefore the striking out is set aside and the matter remitted to the Lands Tribunal for tri…