15 Jun 2007
LOYAL LUCK TRADING LTD v. TAM CHUN WAH
- Citation
- LOYAL LUCK TRADING LTD v. TAM CHUN WAH
- Court
- Court of First Instance
- Case number
- HCMP444/2006
The court held that a vehicular right of way over the Defendant's land arose by implication under the rule in Wheeldon v Burrows at the latest on 31 January 2000 (and could likewise have arisen by operation of s16 CPO); the alleged prior illegality did not prevent creation or enforcement of the easement where the Plaintiff did not have to rely on the illegality to establish the right; the claimed easement was not excessive so as to deprive the Defendant of reasonable use; accordingly declaration and injunction were granted.