22 Nov 2013
FAVOURABLE ISSUE CO LTD v. SECRETARY FOR JUSTICE
- Citation
- FAVOURABLE ISSUE CO LTD v. SECRETARY FOR JUSTICE
- Court
- Court of Appeal
- Case number
- CACV254/2012
The Court allowed the defendant's appeal because the pre-1968 approvals and amended plans gave only a conditional, building‑specific waiver of Special Condition 10 tied to the representations (unexcavated car port, unenclosed car park and terrace); they did not effect a general waiver of the covenant, so the Government could recover fees, terminate the Temporary Waiver and re‑enter; furthermore the Garden and New Road Permits were breached and their cancellation was not wrongful.