30 Jun 2011
NICOLE SONG, MARIA SONG AND DOUGLAS ANDREW BURGESS V JASON CHUN HON CHAI HC AK CIV 2011-404-000422
- Citation
- openlaw-c009fc52_5558_4de9_ad2b_e99ebe2f5c0d.pdf
- Court
- High Court
On the summary judgment record the Court found clause 11 should be interpreted to prohibit parking on the common area except for short temporary use for arrival/departure, but there was insufficient evidence to conclude on summary judgment that the garage conversion constituted a structural alteration requiring lessees' consent; factual disputes (including waiver/estoppel and provenance of the conversion) and public law processes justified refusal of mandatory injunctions and referral to trial.