000 01285cab a2200205 4500
001 ABS43389
008 090401t1990 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u41524
041 _aeng
245 _aViscount Chelsea and another v Muscatt
260 _c1990
350 _a0
490 _aEstates Gazette
_v(1990) 35 EG 63-68(4)
520 _aCA 14 May 1990 Appeal by Mrs Muscatt (M) from QBD decision granting a final mandatory injunction for reinstatement of part of a parapet wall in front of premises. M had lowered the parapet wall in clear breach of covenant and despite warnings, had refused to reinstate it. The landlord commenced proceedings by writ, claiming a mandatory injunction for reinstatement of the wall and applied for a summary final judgement which was granted by QBD. On appeal by M, CA held that this was a clear case of a flagrant breach of covenant carried out in an almost subversive fashion and that QBD was entitled to take a strong view and that no substantial defence could be made out at a trial. Appeal dismissed.
650 _aCASE LAW
650 _aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
690 _aLANDLORD AND TENANT-CASE LAW-RESIDENTIAL TENANCIES
942 _n0
948 _c04/03/1997
999 _c26663
_d26663