Long Leys Company Pty Limited v Silkdale Pty Limited

In *Long Leys Company Pty Limited v Silkdale Pty Limited* [1996] NSWCA 330, the New South Wales Court of Appeal considered a dispute between Long Leys Company Pty Limited (the appellant) and Silkdale Pty Limited (the respondent). The core of the disagreement concerned the interpretation and enforceability of a restrictive covenant contained within a deed of sale for a parcel of land.

The primary legal issue before the Court of Appeal was whether the restrictive covenant, which purported to prevent the respondent from developing a particular portion of its land in a manner that would obstruct the appellant's view, was valid and enforceable. This involved determining whether the covenant "ran with the land" and, if so, whether it satisfied the requirements for enforceability against successors in title.

The Court analysed the principles governing restrictive covenants, particularly the requirement that such covenants must "touch and concern" the land of the covenantee. Applying established case law, the Court found that the covenant in question did not confer a benefit on the appellant's land itself, but rather sought to protect a personal amenity (the view) enjoyed by the appellant. Consequently, the Court held that the covenant did not run with the land and was therefore unenforceable against the respondent. The appeal was dismissed.