23 Jan 2017
THE INCORPORATED OWNERS OF DUKE GARDEN v. FREE POINT TECHNOLOGY LTD
- Citation
- THE INCORPORATED OWNERS OF DUKE GARDEN v. FREE POINT TECHNOLOGY LTD
- Court
- District Court
- Case number
- DCCJ3923/2016
The court found there were triable issues: uncertainty whether the right to R18 was a licence at will or a tenancy/contractual licence, disputed factual causes of parking protrusion (including traffic pillars and conduct of other users), and potential acquiescence by the plaintiff; because mandatory equitable relief would effectively deprive the defendant of defences based on acquiescence or hardship, summary judgment was inappropriate. Result: plaintiff's summons dismissed and defendant granted unconditional leave to defend with directions for pleadings and costs in the cause.