18 Dec 2012
DOUGLAS V MORGAN HC HAM CIV-2012-419-1061
- Citation
- openlaw-05b96a7c_d75f_4767_ace2_6b6633b5f419.pdf
- Court
- High Court
The covenants in the Transfer, read as a whole, restrict each original Meadow Park Heights allotment to one dwellinghouse and one ancillary building; subdivision of Lot 5 does not automatically breach those covenants and the subdivision works to date did not constitute a prohibited "commercial activity" under covenant 1.5; however the operation of Henry Morgan Builders from Lot 2 amounted to a commercial activity in breach of covenant 1.5 and, having failed to remedy after notice, triggered the contractual liquidated damages and indemnity provisions, entitling plaintiffs to $50,000 liquidated…