2 Dec 1986
KWOK WAH KIT AND OTHERS v. CERRONE CO LTD
- Citation
- KWOK WAH KIT AND OTHERS v. CERRONE CO LTD
- Court
- Court of First Instance
- Case number
- HCA2198/1985
The floor plan and contract language show the flower beds were part of the premises conveyed but excluded from the stated saleable area; therefore there was a genuine shortfall in saleable area of 5.91446% and damages are to be assessed by a proportional (rateable) deduction of the purchase prices per Hill v. Buckley. The construction cost of the flower beds is not to be credited against damages. Amendment to add a prayer for interest after judgment was refused because s.48(3)(c) prevents the Registrar remedying that omission in these circumstances.