24 Jul 2006
MYERS PARK APARTMENTS LIMITED V SEA HORSE INVESTMENTS LIMITED HC AK CIV 2004-404-007180
- Citation
- openlaw-fb1eb4a8_f065_4473_ba6e_49c75eab98f7.pdf
- Court
- High Court
The redevelopment covenant, construed in context with extrinsic evidence, benefits the level three units (dominant tenement) and is a positive covenant enforceable against subsequent proprietors and mortgagees; it is not incompatible with s44 of the Unit Titles Act where a binding redevelopment covenant exists; there was no basis to modify or extinguish the covenant under s126G; the Body Corporate could not recover the legal expenses sought under s33 on the facts.