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2015 MarsdenLR 690

FEDERAL COURT PUTRAJAYA
BANDAR ECO-SETIA SDN BHD – Appellant
Versus
ANGELANE ENG – Respondent


iv. Waiver of breaches in any single instance of the covenants must not be construed so as to render the whole object of the covenant to be at an end. The fact that some homeowners have breached a term of the covenants and there is evidence of waiver of such breach do not have the effect of releasing other covenantors from any restrictive covenant of the same kind. In this regard, it would be relevant to refer to the judgment of James LJ in German v. Chapman (supra) which states that:

"If there is a general scheme for the benefit of a great number of persons, and then, either by permission or acquiescence, or by a long chain of things, the property has been either entirely or so substantially changed as that the whole character of the place or neighbourhood has been altered so that the whole object for which the covenant was originally entered into must be considered to be at an end, then the covenantee is not allowed to come into the court for the purpose merely of harassing and annoying some particular man, where the court could see he was not doing it bona fide for the purpose of effecting the object for which the covenant was originally entered into. That is very different fro

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