16 Dec 1986
T.S. CHENG AND SONS LIMITED v. THE ATTORNEY GENERAL
- Citation
- T.S. CHENG AND SONS LIMITED v. THE ATTORNEY GENERAL
- Court
- Court of First Instance
- Case number
- HCMP1595/1986
The building covenant in the Crown Lease restricts the lessee and successors to the erection of 'one or more villa residences only' for the duration of the lease; the 1957 modification allowed maintenance of the then‑existing 3‑storey five flats but did not waive the restrictive covenant; Building Authority approval does not amount to waiver of lease terms; accordingly the plaintiff's declarations were refused and the Crown may insist on compliance or require a premium for modification.