Read the full judgment text of CACV 3/1995 on BabelCite. This Court of Appeal judgment was delivered on 2 March 1995 before Nazareth, V.-P., Litton and Godfrey, JJ.A..
Land law – Deed of Mutual Covenant – negative covenant – enforcement by incorporated owners – Multi-storey Buildings (Owners Incorporation) Ordinance (Cap. 344) s.18(1)(c) – statutory duty to enforce DMC – air-conditioning cooling tower erected in breach of covenant – defendant one of many unit owners who breached – whether acquiescence bars enforcement – held, no, because incorporated owners could not have expressly granted the right to breach and what cannot be done expressly cannot be done impliedly – equity will not bind a plaintiff by acquiescence to permit an act he could not have authorised by express grant – equitable remedies – mandatory injunction – appeal against exercise of discretion – test for appellate interference – whether judge erred in principle or went plainly wrong – held, no – defendant failed to prove acquiescence – appeal dismissed – The Incorporated Owners of Chungking Mansions v. Shamdasani applied.
Legal issues: Whether acquiescence bars enforcement of a DMC covenant when express permission could not lawfully have been granted · Whether the Court of Appeal should interfere with the trial judge's exercise of discretion in granting a mandatory injunction
Outcome: Appeal dismissed; mandatory injunction granted at trial upheld.
Cited by 14 cases