8 Jun 2007
THOMPSON V BATTERSBY & ANOR HC AK CIV-2007-404-676
- Citation
- openlaw-9de958ef_86dc_4d92_b25e_c7de8bfbf062.pdf
- Court
- High Court
Clause 4(a) of the covenant prohibits 'buildings' understood in ordinary meaning as structures of the nature of a house or having a roof; it does not prohibit all 'structures'; applying the factual matrix (Tonkin & Taylor reports) and the plain wording, the proposed deck and privacy wall are structures but not buildings and therefore do not breach clause 4(a); judgment for defendant.