Facts
- Land was sold off in plots by a common vendor
- In violation of a covenant intended to be enforceable as part of a building scheme/scheme of development, one purchaser (the defendant) attempted to build a block of flats on his plot
- Some claimants had purchased their plots before the defendants, and others afterwards
Issue
- Which, if any, of the claimants had standing to obtain an injunction and/or damages against the defendant?
Decision
- All of them
Reasoning
- Where there is direct evidence of the creation of a building scheme, it is no necessary that plots are laid out in advance
- Later purchasers may enforce common covenants against previously purchased plots
