15 Jul 1999
Harbour City Management Ltd. v. Finstar Ltd.
- Citation
- Harbour City Management Ltd. v. Finstar Ltd.
- Court
- Lands Tribunal
- Case number
- LDBM249/1998
Tribunal accepted the architect's unchallenged survey and admitted the Record Calculation Sheet drawing to ascertain proper corridor dimensions, finding encroachment of approximately 23.97 sq.m (about 262 sq.ft); but on equitable grounds — manager's prior approval, reasonable conduct by respondent, potential Registered Owner power to grant rights up to 20% conversion, delay and loss of papers and prejudice — the Tribunal exercised its discretion to refuse a mandatory injunction, damages and declarations, and awarded costs to the respondent.