5 Nov 1999
TENG FUH CO. LTD. v. KEEN LLOYD (HOLDINGS) LTD.
- Citation
- TENG FUH CO. LTD. v. KEEN LLOYD (HOLDINGS) LTD.
- Court
- Court of Appeal
- Case number
- CACV193/1999
The purchaser's critical requisition as to encroachment onto government land was raised too late and, in any event, was sufficiently answered by the vendor such that there was no real risk of government re‑entry affecting the purchaser's title; the vendor was therefore entitled to terminate and forfeit the deposit. Clause 21 is not a penalty but permits recovery of actual loss and resale deficiency; an implied term requires resale within a reasonable time (six months presumptive); damages awarded accordingly (loss of bargain, mortgage interest, loss of interest at prime+2%, and expenses).