11 Aug 1999
FAIRVIEW PARK PROPERTY MANAGEMENT LTD. v. SUN WAI CHUN
- Citation
- FAIRVIEW PARK PROPERTY MANAGEMENT LTD. v. SUN WAI CHUN
- Court
- Court of Appeal
- Case number
- CACV61/1999
The Court held the judge did not err: the illegality of the House could not be raised late without proper pleading or amendment; the evidence overwhelmingly established the five unauthorised alterations and the judge was entitled to order that the defendant not obstruct the plaintiff from carrying out reinstatement (subject to the plaintiff first obtaining any necessary statutory approvals); there was no real danger of bias or denial of a fair trial; and the judge's gross sum costs awards under O62 r9(4)(b) were within his wide discretion and would not be disturbed on appeal.