27 Jan 2010
DONPOWER TRADING LTD v. APEXCOM LTD
- Citation
- DONPOWER TRADING LTD v. APEXCOM LTD
- Court
- Court of Appeal
- Case number
- CACV172/2009
The Court held that the purchaser consistently requested document (v) and the vendor's correspondence offering a certified copy at completion with the purchaser's terse reply 'Noted' did not operate as a waiver of the ongoing clear request for plain copies; the plaintiff therefore failed to prove title by non-production of an intermediate root document and was in breach, entitling the defendant to rescind and recover the deposit. The Court also held s.13A is not retrospective and did not alter accrued rights under the agreement dated 7 June 2008, and the plaintiff's statutory declaration sati…