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
- CACV271/1998
The Court of Appeal dismissed the appeals: the illegality/excepted-building defence was not pleaded and the judge rightly refused late amendment; the judge legitimately managed concerns about the defendant's sole expert/financier and there was no real danger of bias or denial of a fair trial; the mandatory injunction permitting the plaintiff to enter and reinstate unauthorised alterations was lawful in principle provided statutory approvals are procured; and the gross sum costs awards under O62 r9(4)(b) were within the judge's broad discretion and not plainly wrong.