The Proprietors Strata Plan No. 305 v Greater Works International Fellowship and Young, Anthony and Joy

Case Number: 
2013CD00059
Neutral Citation: 
[2015] JMCC Comm. 6
Date of Delivery: 
22.05.2015

Real porperty - Strata title - By-Laws restricting user to office or shops - Whether church operation in the mall has resulted in unreasonable interference with use and enjoyment of common areas by other proprietors - Complaints that church causing noise and other nuisance - Continuing breach of covenant using shops as a church - Continuing disputes over parking spaces and noise - Strata run by corporation - Whether there was acquiescence to the breaches by the executive management committee - Whether complaint now deprived of right to enforce the by-laws - Whetehr injunctive relief unjust in the circumstances - Registration (Strata Titles) Act SS. 9 and 18.

 

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