Jonnel Assocs Pty Ltd v De Bono

In the case of Jonnel Assocs Pty Ltd v De Bono, the dispute involved the interpretation and enforcement of restrictive covenants within a Torrens system. Jonnel Assocs Pty Ltd, the plaintiff, sought to enforce covenants designed to limit the number and type of sheds that could be built on properties within a particular subdivision. The defendants, De Bono, had erected sheds in contravention of these covenants. The matter was heard by the Supreme Court of New South Wales.

The primary legal issues the court needed to address were whether the restrictive covenants applied to the properties in question and, if so, whether they had been breached. The court also needed to determine the appropriate remedy for any breaches identified. The defendants argued that the covenants were unenforceable due to lack of notice or were ambiguous in their terms. The plaintiff, on the other hand, contended that the covenants were clear and enforceable and had been breached by the defendants.

The court found that the restrictive covenants were indeed applicable and clear in their terms. It was held that the defendants had breached these covenants by constructing sheds in numbers and materials not permitted by the covenants. The court emphasised the importance of adhering to the terms of restrictive covenants as a means of maintaining the character and value of the subdivision. In terms of remedy, the court ordered the defendants to remove the sheds that were in breach of the covenants within a specified timeframe and to refrain from constructing further sheds without complying with the covenant restrictions.