3 Apr 2009
CROWNING SUCCESS LTD v. BRIGHTLAND CORPORATION LTD AND ANOTHER
- Citation
- CROWNING SUCCESS LTD v. BRIGHTLAND CORPORATION LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1540/2005
On the crucial factual issues the Court found that the unit offered on 22 July 2005 materially differed from the certified plan (area shortfall, shape and window exclusion, partitions single not double), that Banhart thereby repudiated the head agreement, Brightland lawfully accepted that repudiation and Crowning Success lawfully accepted Brightland's resulting repudiation of the sub-sale; Brightland also failed to show good title as requisitions (Polytown consent) were unanswered; therefore relief was confined to return of deposits and contractual damages calculated arithmetically; an equita…