Ann: SML Announcement - Supreme Court Update, page-286

Think about it, would the covenant really stays for 200 years????? Or would it get extinguished before it expires?

The covenats stays for 200 years. Its a long time. Or "until quarrying ceases"

But there is an opportunity for the covenant holder to prove that it should be extinguished under one of three grounds under current law. But "The courts are reluctant to allow contractual property rights to be swept aside inthe absence of strong reasons."

The Appeal Court did consider future developments. The court listened to Stonhills expert witness who said "if the covenants were to be removed, a range of developmentscould, with appropriate consent, locate on the servient land."

The court did consider your "fatal flaw" but siad "Such changes as have occurred,in our view, are either irrelevant, were precipitated by STL, or are of insufficientweight to justify the conclusion that the covenants ought to be modified orextinguished.".

They did not "ignore" it.

Three weeks and we should know if there is a "Fatal Flaw" that's worth investigating.

The other major problem, which I keep repeating, but you don't address - Grander were not involved in this process (nor the local council) due to negligence by Stonhill. Do you really reckon the covenants will be extinguished with out another beneficiaries argument being heard