20 Jan 2000
NATION GROUP DEVELOPMENT LTD. v. NEW PACIFIC PROPERTIES LTD.
- Citation
- NATION GROUP DEVELOPMENT LTD. v. NEW PACIFIC PROPERTIES LTD.
- Court
- Court of Appeal
- Case number
- CACV160/1999
The vendor could give good title because the exclusive right to use the first floor and canopy did not include ownership of unauthorised works affixed to the soffit; those works were not the vendor's and therefore did not expose vendor or purchaser to a valid Buildings Ordinance notice that would defeat title. The contractual waiver in the Third Schedule barred the purchaser from raising requisitions about the staircase and its opening; clause 17(b) precluded complaints about the existing physical state. Accordingly the purchaser's objections were unfounded and the appeal is allowed.