19 Oct 2018
The summons under Order 14A is dismissed because the determination of the true construction of the Assignment and the correct boundary cannot properly be made without resolving conflicting expert land survey evidence and assessing the accuracy and interplay of the 1973, 1992 and 1999 plans at a full trial.
20 Oct 2010
The Right of Way, properly construed with the contemporaneous Car Parking Right granted by the same assignment, did not include an ancillary right to park along the disputed part of the Road; parking needs were met by the express Car Parking Right (including car park 4 outside the Entrance), so implication of a further parking easement was not reasonably necessary; accordingly the permanent injunction based on an implied parking right was refused and the Plaintiff's claim dismissed.
15 Mar 2002
On true construction of the four assignments, taking into account absence of any reservation by the assignor, the purchasers' obligation to pay the full balance of Crown rent attributable to the Old Remaining Portion, the omission of the phrase 'portion of', and the surrounding factual matrix, the Subject Portion was intended to be and was conveyed as part of the Remaining Portion despite not being coloured on the annexed plans; the court may modify the plans to reflect that intention and therefore grants the declaration of title to the plaintiff.