11 Feb 1997
Lee Hysan Estate Co. Ltd. v. Sky Heart Ltd.
- Citation
- Lee Hysan Estate Co. Ltd. v. Sky Heart Ltd.
- Court
- Court of First Instance
- Case number
- HCA8239/1995
The court found as a fact that Section Q satisfied the Elliston requirements (common vendor effect notwithstanding Pang Sang sub-sales, estate laid out in lots, intention that restrictions benefit all lots, purchasers had notice), and that s.41(2) CPO, as enacted and amended, was intended to apply to staged or horizontal building schemes; accordingly both positive and restrictive covenants ran with the land and were enforceable by LHE (as original covenantee and owner of No.10). The defendant's defences (no scheme, reliance on releases elsewhere, and change of neighbourhood) failed, and equit…