20 Feb 2012
THE INCORPORATED OWNERS OF MARINA COVE v. CHU KAM TAI AND OTHERS
- Citation
- THE INCORPORATED OWNERS OF MARINA COVE v. CHU KAM TAI AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP2141/2011
The respondents had no reasonable prospect of success because the judge's factual finding that the gate prevented access and that the respondents treated the structures as their own was justified by admissions and evidence; negative covenants run with the land and bind current owners so Buxhaum (about positive covenants) did not excuse them; therefore leave to appeal (and extension of time) was refused and costs were awarded to the applicant.