20 Jul 2012
LIPP AND CHANEY HC AK CIV 2011-404-008091
- Citation
- openlaw-264176ce_629e_4200_8f22_06691b691935.pdf
- Court
- High Court
The Court upheld the arbitrator's factual findings that the Lipps (through deposited plans and solicitor's assurances) made clear representations that the upper driveway was common, the Chaneys reasonably relied and suffered detriment up to 30 August 2010, and it would be unconscionable to resile; the arbitrator therefore lawfully granted expectation-based relief conferring common use and ordered new plans and leases, except that the arbitrator's direction that any changes to the houses' footprints be embodied in new plans exceeded the submission and was set aside.