30 Dec 2005
MARINER INTERNATIONAL HOTELS LTD v. ATLAS LTD
- Citation
- MARINER INTERNATIONAL HOTELS LTD v. ATLAS LTD
- Court
- Court of Appeal
- Case number
- CACV291/2004
The appeal is dismissed. The Court held that "practical completion" in the agreement meant the hotel must be ready for beneficial occupation and use as a hotel on completion and permitted minor reparable defects; the defects identified did not amount to a repudiatory breach. The roof installations did not, on the evidence, "involve the structure" so as to negate the s41(3) exemption or render title defective; the Occupation Permit and professionals' certifications supported that conclusion; the vendor's replies adequately answered the requisitions on title.