9 Apr 2003
TRAM LEASE LIMITED V PETER ALAN CROAD, JOCELYN CROAD AND DAVID JAMES GRIFFIN CA CA228/02
- Citation
- openlaw-4fc88233_f9ae_4bc5_9813_aa52b354e178.pdf
- Court
- Court of Appeal
The Court of Appeal held s129 jurisdiction applied to the encroachment by a building erected by a predecessor in title and that relief under s129 could be just and equitable; it rejected the estoppel arguments but affirmed that demolition by the lessor which would substantially interfere with the lessee's building and business could amount to derogation from the grant or breach of quiet enjoyment; appeal dismissed and matter remitted for further hearing on appropriate relief and terms.