16 Jan 2014
THE INCORPORATED OWNERS OF SOUTHORN DEVELOPMENT v. DURRANT SIMON PATRICK MICHAEL
- Citation
- THE INCORPORATED OWNERS OF SOUTHORN DEVELOPMENT v. DURRANT SIMON PATRICK MICHAEL
- Court
- District Court
- Case number
- DCMP2266/2012
The defendant's intended appeal lacks a reasonable prospect of success under s63A DCO because the new evidence is irrelevant or unreliable, the alleged assault and claimed managerial breaches do not have the immediate and necessary relation to bar enforcement (unclean hands), the plaintiff validly has locus to enforce the MOC under the DMC and BMO (MTR acted as agent/manager), and the defendant has not shown grounds for a stay; accordingly leave and stay are refused and costs awarded.