20 Nov 2008
CHINA MERCHANTS KIN SWISS TRANSPORTATION CO LTD AND ANOTHER v. TREASURE WISE LTD AND OTHERS
- Citation
- CHINA MERCHANTS KIN SWISS TRANSPORTATION CO LTD AND ANOTHER v. TREASURE WISE LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA344/2007
The court held clause 4 constituted a valid easement enforceable by the plaintiffs against the 1st defendant; the surrounding conveyancing context and absence of reliable evidence of prohibitive physical impediments established the grant covered access by container/heavy vehicles for use of plaintiffs' land as container yards; D1's erection of hoardings, creation of the New Access and traffic control to deny heavy vehicles breached clause 4; accordingly injunction and damages were awarded and D1's counterclaim dismissed.