5 Feb 2016
Defendant failed to prove good title prior to the agreed completion date because the 1st and 2nd requisitions were not answered satisfactorily; the risk of enforcement was not remote or fanciful; therefore summary judgment is warranted: plaintiff entitled to repayment of deposits with interest, damages to be assessed, and an equitable lien over the property as security.
16 Apr 2004
The vendor's answers to the requisition under Special Condition 26(a) were misleading and did not adequately disclose that no Certificates of Exemption had ever been issued; on that basis the purchaser was entitled to rescind and recover the deposit and damages. The answer given on Special Condition 5(a) was sufficient and did not justify rescission. The purchaser's claimed damages were awarded in full subject to interest directions and costs to the purchaser.
26 Sept 1996
The District Lands Officer lawfully exercised the statutory discretion under Cap.121 s9 to impose a condition requiring planning permission prior to commencement; that condition was reasonable and consistent with the planning control embodied in Cap.123 s16(1)(d); no legitimate expectation arose from prior practice; therefore the judicial review application failed.