18 Jul 2008
CHINA MERCHANTS KIN SWISS TRANSPORTATION CO LTD AND ANOTHER v. TREASURE WISE LTD AND OTHERS
- Citation
- CHINA MERCHANTS KIN SWISS TRANSPORTATION CO LTD AND ANOTHER v. TREASURE WISE LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV66/2008
The appeal was dismissed because the excluded expert evidence related exclusively to post-grant physical conditions and works (the New Access) and was therefore irrelevant to construing the express grant; the scope of the right of way must be determined by the terms of the deed and circumstances at the time of grant, and a servient owner cannot limit that scope by subsequent works. Admission of general/unfocused expert evidence at interlocutory trial stage was inappropriate; any focused expert assistance can be directed after the scope is determined.