31 Aug 2018
YEUNG CHI WANG v. YEUNG CHI WING
- Citation
- [2018] HKDC 1047
- Court
- District Court
- Case number
- DCCJ4798/2017
Clause 3 of the Settlement Agreement was sufficiently certain and intended to commence upon plaintiff's performance of Clause 1 (28 July 2016); defendant's conduct (construction of the New Brick Wall and subsequent correspondence) constituted acceptance/waiver of delay; specific performance ordered granting plaintiff a ten-year right of way along the Designated Route commencing 28 July 2016 and expiring 27 July 2026; defendant must remove remaining offending structures; leave to defend allowed on the separate issue of easement by necessity which raises triable issues about the 1973 situation.