22 Jul 2005
SPEEDY GAINER LTD v. THE INCORPORATED OWNERS OF MALAHON APARTMENTS AND ANOTHER
- Citation
- SPEEDY GAINER LTD v. THE INCORPORATED OWNERS OF MALAHON APARTMENTS AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV336/2004
A valid request for inspection must be made before proceedings and a wrongful refusal must follow to found a cause of action; the undisclosed principal analogy in contract law does not extend to statutory inspection rights here; the notice of application did not constitute a prior request and no wrongful refusal occurred, so there was no breach and the appeal failed.