29 Jun 2009
ADVANCE PACIFIC INVESTMENTS LTD v. ZEN CHUNG HEI HAYLEY AND OTHERS
- Citation
- ADVANCE PACIFIC INVESTMENTS LTD v. ZEN CHUNG HEI HAYLEY AND OTHERS
- Court
- District Court
- Case number
- DCCJ5975/2005
The court held that the representation made was limited to that 'Roof B is included in the Property' and did not warrant or represent the roof's size; therefore no actionable misrepresentation by the 1st Defendant. However the 2nd and 3rd Defendants breached their contractual and tortious duties by failing to make simple enquiries about the roof's area despite knowing the purchaser's interest, and are liable in damages to return the deposit amount. No binding settlement agreement existed. The writ registered as a lis pendens was to be vacated and only nominal damages awarded to the 1st Defend…