21 Mar 2000
NI TIEE BOR ROBERT AND ANOTHER v. GOLDEN CRANE INDUSTRIES LTD.
- Citation
- NI TIEE BOR ROBERT AND ANOTHER v. GOLDEN CRANE INDUSTRIES LTD.
- Court
- Court of First Instance
- Case number
- HCMP4407/1998
The court ordered rectification of the formal sale and purchase agreement by deleting clause 12.01(a) and replacing it with the terms of the side agreement because the parties had in fact agreed the side agreement, the omission was a mistake by solicitors, and the purchasers (and/or their solicitors) knew of the mistake such that it would be inequitable to allow them to rely on the inconsistent clause; as rectified the side agreement bound the purchasers to complete despite the unauthorised alterations, the purchasers were in breach, and the vendor was entitled to damages, declarations and co…