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Action to remain live where defendant had given an open-ended undertaking not to trespass
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Court of Appeal dismisses appeal from High Court, and affirms order made on consent striking out an application for an order to dismiss a claim for trespass on hotel property by a neighbour, where the neighbour had given an open-ended undertaking not to trespass, on the grounds that the hotel owners were entitled to rely on the open-ended undertaking, and there were no grounds to strike out proceedings as vexatious.
Whelan J (judgment of the court): Litigation concerning hotels - alleged trespass on part of neighbour - undertaking offered by neighbour - undertakings accepted by court - open-ended undertakings - application by neighbour for order striking out proceedings - indication by neighbour that he was agreeable for application to be struck out - permanent undertakings.
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