24 Jun 2009
YOUNG V STOLTEN AND ORS CA CA535/2008
- Citation
- openlaw-c11dccfa_7a62_4c1f_a298_0521de82b20a.pdf
- Court
- Court of Appeal
The Memorandum of Transfer must be read as a whole and, despite inelegant drafting, created a general scheme conferring mutual benefits and burdens on the lots; the respondents therefore had an indefeasible right to enforce the covenants and the Associate Judge correctly granted summary judgment and an injunction to restrain building on Lot 2.