26 Feb 1998
LEE HYSAN ESTATE CO LTD v. SKY HEART LTD
- Citation
- LEE HYSAN ESTATE CO LTD v. SKY HEART LTD
- Court
- Court of Appeal
- Case number
- CACV64/1997
The Court of Appeal upheld the trial judge's finding that a building scheme existed for Section Q so that restrictive covenants were mutually enforceable by sub-purchasers; although s.41(2) CPO should not be read as giving an original covenantee who has wholly parted with the benefited land a standalone right to enforce, the plaintiff as purchaser and owner of a flat within the scheme took the benefit as successor in title and was entitled to seek and obtain an injunction because there was no evidence of acquiescence, material change of character, or inequitable motive to deny relief.