31 Jul 1992
HON HING ENTERPRISES LTD v. HONOLULU LAND INVESTMENT CO LTD AND ANOTHER
- Citation
- HON HING ENTERPRISES LTD v. HONOLULU LAND INVESTMENT CO LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA3557/1991
The door constitutes an "other aperture" and an alteration to the exterior/partition in breach of Clause 17.02, the Plaintiff as manager had locus standi to enforce the DMC, there was no representation by the Plaintiff amounting to acquiescence or estoppel, and therefore relief is available; the appropriate relief is a declaration and costs rather than a mandatory order in the exercise of the court’s discretion.