30 Jun 1995
FAIRFAX LTD. v. ATTORNEY GENERAL
- Citation
- FAIRFAX LTD. v. ATTORNEY GENERAL
- Court
- Court of Appeal
- Case number
- CACV114/1995
Although the covenant is properly construed as restricting development to "one or more villa residences only" (thus apt to preclude the proposed multi-storey building), the undisputed evidence showed an open, notorious and prolonged course of breaches across Inland Lot No.757 over decades, consistently tolerated by the Crown without seeking premiums; on those facts the only proper inference is that the Crown abandoned or released its right to enforce the covenant as to the lot, entitling the tenant to redevelop without the landlord's consent.