Cases - Handston Investments Ltd v Abri Group Ltd

Record details

Name

Handston Investments Ltd v Abri Group Ltd

Date

[2024]

Keywords

Rights of light – injunctions – interim injunctions – court's jurisdiction – test for exercise of court's discretion – whether an interim injunction should be granted – serious issue to be tried – adequacy of damages – balance of inconvenience

Summary

The defendant, a charitable housing association, was constructing a four-storey social housing project with 33 units, which impacted the natural light reaching a nearby commercial office building owned by the plaintiff. The plaintiff, an investor entity, held prescriptive easements of light and sought an interim injunction to halt the defendant’s works, citing infringement confirmed by the Waldram method. The defendant resisted, arguing that damages could compensate the plaintiff’s financial losses.

The court dismissed the plaintiff’s application, applying the ‘balance of convenience’ test after confirming a ‘serious issue to be tried’. It found that the plaintiff’s economic interests as an investor could be adequately addressed through damages, given no evidence of tenant loss, while the defendant’s charitable goals and the public need for housing outweighed the harm of continuing construction.

This ruling reflects judicial discretion in rights of light cases, prioritising practical remedies and public benefit over halting development, although the plaintiff’s claim will proceed to trial for a final resolution.