17 Aug 2007
TOP BASE DEVELOPMENT LTD AND OTHERS v. LLOYD LAURENCE PHILIP AND ANOTHER
- Citation
- TOP BASE DEVELOPMENT LTD AND OTHERS v. LLOYD LAURENCE PHILIP AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA240/2006
IOKC has locus to enforce the DMC regardless of whether the pipes are common or private; the Defendants are bound by clauses 10(a) and 10(c) which prohibit alterations that cause damage, inconvenience or nuisance; although the Defendants altered and re-routed drainage pipes, there are live triable issues of fact (notably causation of the five complained problems) raised by expert evidence such that summary judgment cannot be entered and the application must be dismissed.