20 Sept 2001
PROSPEROUS TONE LTD. v. PEARL FAME DEVELOPMENT LTD.
- Citation
- PROSPEROUS TONE LTD. v. PEARL FAME DEVELOPMENT LTD.
- Court
- Court of First Instance
- Case number
- HCA2196/2000
The plaintiff failed to prove that vehicles over 5.5 tonnes would affect the structural stability of the access ramp, caisson and retaining wall; accordingly the injunction claim was dismissed. Because the plaintiff succeeded on discrete heads (restoration of railing, restraint against further damage, and certain monitoring requirements tied to evidence about rock anchor longevity), the court ordered that the defendant pay the plaintiff's costs of those specific heads while generally ordering the plaintiff to pay the defendant's taxed costs of the action, with detailed apportionment and taxat…