5 Nov 2010
ANNE KATHRYN MCLEISH AND THOMAS ARTHUR MCLEISH V ROCK HILL LIMITED AND ORS HC CHCH CIV-2010-409-001409
- Citation
- openlaw-5cd513d0_07af_40cc_8136_d3ae37cb1ee1.pdf
- Court
- High Court
The Court held Rock Hill breached the restrictive covenant by failing to consider mandatory factors protecting the McLeishes' arc of view but refused to grant a mandatory injunction because relief against the third-party Hurleys was impracticable, insufficiently particularised and disproportionate given competing interests; damages were the appropriate remedy, assessed by applying a loss-of-chance analysis (court fixed an 80% chance and quantified the view loss at $65,000 reduced to reflect likely achievable protection), resulting in damages of $26,000 plus interest payable by Rock Hill Limit…