Stanton v Sillar

In *Stanton v Sillar*, the New South Wales Court of Appeal considered a dispute between the appellant, Stanton, and the respondent, Sillar, concerning the interpretation and enforceability of a deed. The deed in question contained a restrictive covenant that purported to limit the use of certain land.

The primary legal issue before the Court of Appeal was whether the restrictive covenant contained within the deed was valid and enforceable against the appellant. This involved determining whether the covenant ran with the land and whether it satisfied the legal requirements for a restrictive covenant to bind successors in title.

The Court analysed the nature of the covenant and its relationship to the land. It applied established principles of equity regarding restrictive covenants, considering whether the covenant was intended to benefit a dominant tenement and burden a servient tenement. The Court found that the covenant was sufficiently clear in its wording and intention to be considered a valid restrictive covenant that bound the land. Consequently, the appellant, as the successor in title, was subject to its terms.

The appeal was dismissed, with the Court of Appeal affirming the primary judge's decision that the restrictive covenant was valid and enforceable.