30 Jul 2009
OMAHA BEACH RESIDENTS SOCIETY INC AND ANOR V TOWNSEND BROOKER LTD AND ORS HC AK CIV2008-404-7865
- Citation
- openlaw-02eff05d_313d_47ef_a27f_3ba8e3659feb.pdf
- Court
- High Court
Court refused to grant any declaration. It found the question whether the covenant is a covenant in gross was arguable in favour of the defendants but left it undecided; because there was no actual controversy and the potential declaration would have wide effect on numerous non‑parties the court declined to exercise its discretionary power to make a declaratory judgment and dismissed claim and counterclaim.