7 Mar 1983
BALCHITA LTD v. KAM YUCK INVESTMENT CO LTD AND ANOTHER
- Citation
- BALCHITA LTD v. KAM YUCK INVESTMENT CO LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA5312/1981
The ground floor plan was calculated to and did mislead ordinary purchasers as to the relative levels of the shops and adjacent pavement; the misrepresentation was material and substantial so equitable rescission of the purchase agreements was the appropriate remedy rather than limiting relief to damages or compensation; consequently the plaintiffs were entitled to rescind and recover payments and the defendants' counterclaim failed.