Fang v Li & Anor

Fang brought proceedings against Li and another defendant, the nature of the dispute being the ownership and use of a parcel of land. The matter was heard in the Supreme Court of Victoria. The legal issues at hand were the validity of a prior sale of the land and the enforceability of certain restrictive covenants attached to the property.

The court was required to determine whether the prior sale was properly executed and if the restrictive covenants were binding on the parties. It was necessary to examine the documentation and evidence provided by both sides to ascertain the true ownership and the applicability of the covenants. The court examined the chain of title, the terms of the sale, and the enforceability of the covenants. It was found that the prior sale was valid, and the restrictive covenants were binding due to their inclusion in the original sale deed and subsequent documentation. The court concluded that the defendants were bound by these covenants, which limited the use of the land to residential purposes only.

As a result of this decision, the application was upheld. The orders of the court were detailed in paragraph 87, and the defendants were required to comply with the terms of the restrictive covenants.