October 16 2007
START DATE
END DATE
September 2 2008
Commercial Properties Limited v. Sago Properties Limited
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION
Kawaley J
Kevin Taylor Appleby
Delroy Duncan Eugene Johnston
FACTS OF THE CASE:
Commercial Properties Limited (CPL) sought a permanent injunction against Sago Properties Limited (Sago) to restrain them from developing their property in a way that would interfere with CPL?s right to light and way. Sago had obtained planning permission despite CPL's objections.
SUMMARY:
Whether CPL's claims for a right to light and way presented a serious issue for trial and whether the balance of convenience favored granting interim injunctive relief.
OUTCOMES:
Interim injunctive relief refused the court found CPL did not demonstrate a clear serious issue to be tried or that the balance of convenience favored granting interim relief. CPL?s delay in seeking injunctive relief also contributed to the refusal.
RULED IN FAVOUR OF:
Defendant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Commercial Properties Limited v. Sago Properties Limited
Commercial Properties Limited (CPL) sought a permanent injunction against Sago Properties Limited (Sago) to restrain them from developing their property in a way that would interfere with CPL?s right to light and way. Sago had obtained planning permission despite CPL's objections.