An appeal is incompetent where the appellant is not the party against whom the orders under appeal were made. Aspirational language in the introductory section of building covenants does not constitute a promissory representation that all lot owners will be bound by the covenants for all time. Standard costs, not indemnity costs, may be appropriate on strike out of an appeal even where the appeal is wrongly constituted and without merit, depending on the manner in which the appeal was brought and conducted.
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