8 Aug 2011
FISHER V PHILLIPS AND SARDINERO TRUSTEES LIMITED HC CHCH CIV-2010-409-001985
- Citation
- openlaw-62502778_ea36_4058_a4dc_e17ebc77f9c6.pdf
- Court
- High Court
The Court found there is a serious issue to be tried as to whether the amended proposal complies with the restrictive covenant (minimum 140 sqm dwelling and permitted materials) and that the balance of convenience favoured protecting the plaintiffs' aesthetic interests while permitting development subject to conditions; accordingly the interim injunction was amended to allow construction under the new plans subject to specified material requirements and an undertaking to remove any non‑compliant structure within a limited period after final judgment, with case management directions for an exp…