In relation to Pineapple Grove, Xx Sample Clauses

In relation to Pineapple Grove, Xx. Xxxxxxxxx noted that, had the POA raised any protest to the sale of Pineapple House (whether before or after residents took over control of the POA’s board in September 2006), the Developer “would likely have sought the necessary clarification (including securing declarations from the Court as to the correct legal position) before proceeding with the sale”, or alternatively the Developer would have reflected on its option of developing the land as three-storey condominiums. Xx. Xxxxxxxxx was not cross- examined on these matters. Mrs. Xxxxxxxx Xxxxxxx argued, quite correctly, that this is clear evidence that the Developer relied to its detriment on the absence of protest from the POA (or anyone else) to the way in which it was dealing with the relevant lands. [205] Given the foregoing, I find that the POA’s claims in respect of Pineapple House and Pineapple Grove are barred by the doctrine of laches. In respect of Pineapple House (i) there has been very substantial delay. The proceedings were issued nearly 9 years after the sale. No explanation has been offered by the POA for the delay, or the absence of any complaint at any time in this 9 year period; (ii) the POA has acquiesced to the sale while in full possession of the facts. Notably, two years after the Old Fort Bay residents assumed control of the POA, Xx. Xxxxxxxx’ 30 June 2008 letter refers to the sale of Pineapple House, without any protest or complaint. Further, the POA has contracted with the Developer on numerous occasions in terms which plainly evince its acceptance and agreement to the Developer’s sale of the Pineapple lands and (iii) the Developer has acted to its detriment in light of the relevant history, in a manner that would make it wholly unconscionable to allow the POA to resurrect a stale complaint about Pineapple House. The Developer dealt with Pineapple Grove on the same basis, in reliance on (a) the lack of objection by the POA, (b) Xx. Xxxxxxxx’ 30 June 2008 letter (on behalf of the POA) raising no complaint, and (c) the other conveyances duly signed by the POA without objection regarding the previous sale of Pineapple House. The evidence is clear that the Developer would and could otherwise have developed the land in question as residential condominiums, to which not even the POA would be able to muster an objection. The Developer has therefore acted to its detriment in reliance on the POA’s acquiescence, and that alone makes it wholly unfair for the sale of Pineapple House to be...
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