Walsh (Philomena) v Lester (Hector) and Lester (Claire)
| Jurisdiction | Northern Ireland |
| Judge | McBride J |
| Neutral Citation | [2016] NICA 50 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 05 December 2016 |
1
Neutral Citation: [2016] NICA 50 Ref:
McB10063
Judgment: approved by the Court for handing down
Delivered:
05/12/2016
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
ON APPEAL FROM THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
CHANCERY DIVISION
________
Between
PHILOMENA WALSH
Plaintiff/Respondent;
-and-
HECTOR LESTER
-and-
CLAIRE LESTER
Defendant/Appellant.
________
Before: Morgan LCJ, Weir LJ and McBride J
McBride J (delivering the Judgement of the Court)
Introduction
[1] These proceedings relate to Dunratho House and lands which were formerly
part of its gardens at Craigavad, County Down. Dunratho House is a substantial
residential property situated on an elevated site commanding extensive sea views
across Belfast Lough.
Application
[2] This is an appeal from the decision of Colton, J in which he made a
declaration that the appellants unreasonably withheld consent to the respondent’s
request to build a dwelling house at or about Site 1, known as 42 Glen Road,
Craigavad, County Down.
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