29 Jun 1984
WOOMERA CO LTD AND ANOTHER v. PROVIDENT CENTRE DEVELOPMENT LTD
- Citation
- WOOMERA CO LTD AND ANOTHER v. PROVIDENT CENTRE DEVELOPMENT LTD
- Court
- Court of First Instance
- Case number
- HCA12647/1982
The vendor had shown a good title by provision of the Occupation Permit and related documents; the purchasers' acceptance of repudiation on 7 December 1982 was wrongful; the proven building deviations were trivial and did not create a real risk of Crown re-entry; Clause 16 limited forfeiture to the first 10% deposit only; accordingly the agreements were determined, the first 10% was forfeited to Provident, and the second 10% was ordered returned to purchasers (judgment for HKD 13,299,000 each) subject to stay pending determination of Provident's counterclaim.