1 Apr 2008
LOYAL LUCK TRADING LTD v. TAM CHUN WAH
- Citation
- LOYAL LUCK TRADING LTD v. TAM CHUN WAH
- Court
- Court of Appeal
- Case number
- CACV217/2007
The Court held the access road was a continuous and apparent made road and the claimed right of way arose by implication under Wheeldon v Burrows and would in any event pass under section 16 on assignment or charge; short non‑use did not defeat the easement; the illegality of certain uses of the dominant land did not prevent acquisition or enforcement of the right of way because the use of the access road itself was lawful; accordingly the declaration and injunction in favour of the plaintiff were upheld and the defendant's appeal dismissed.