21 Apr 2009
SENG SUNG DEVELOPMENT CO LTD v. HONG KONG RESOURCES INVESTMENT CO LTD
- Citation
- SENG SUNG DEVELOPMENT CO LTD v. HONG KONG RESOURCES INVESTMENT CO LTD
- Court
- Court of First Instance
- Case number
- HCA2231/2007
Implied procurement obligation: an implied term exists that the defendant shall procure Seng Sun Xiamen to deliver and assign the units (to give business efficacy). The defendant's pleaded implied margin (3-5%) is rejected as inconsistent with express area warranties. There was no common mistake about inclusion of fire exit/staircase; units as built do not conform to contract or Annexure 3; Annexure 3 approval is now unobtainable but enlargement to Annexure 2 is practicable provided adjoining units not sold; accordingly defendant must procure delivery per Annexure 2.