5 Oct 1993
ACTIVE KEEN INDUSTRIES LTD. v. FOK CHI KEONG
- Citation
- ACTIVE KEEN INDUSTRIES LTD. v. FOK CHI KEONG
- Court
- Court of Appeal
- Case number
- CACV42/1993
The purchaser reasonably raised a requisition about the discrepancy between the occupation permit and assignment plan; the vendor failed to answer that requisition candidly and in time and therefore failed his contractual duty to show a good title before completion; however, the risk of an apportioned claim under s.33(1) of the Buildings Ordinance is not in itself an encumbrance on title. Result: appeal allowed, purchaser entitled to rescind and recover deposit despite vendor having a good marketable title on the evidence.